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T^S l9 06^^ 3
l^arbart CoUege ILibrarg
FROM THE
BRIGHT LEO^ACY.
One half the income from this Legacy, which was
received in 1880 under the will of
JONATHAN BROWN BRIGHT
of Waltham, Massachusetts, is to be expeudcd for
books for the College Library. The other half of the
income is devoted to scholarships in Harvard Uni-
versity for the benefit of descendants of
HENRY BRIGHT, JR.,
who died at Watertown, Massachusetts, in 16S6 In
the absence of such descendants, other persons are
eligible to the scholarships. The will requires that
this announcement shall be made in every book added
to the Library under its provisions.
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Vol. XL
JULY, 1911
No. 1
the
NortK Carolina Booklet
GREAT EVENTS
IN
NORTH CAROLINA
HISTORY
PUBLISHED QUARTERLY
BY
NORTH CAROLINA SOCIETY
DAUGHTERS oFthe REVOLUTION
RALEIGH, N C.
THE
CONTENTS
Page
The North Carolina Union Men of 1861 • 3
By Major Wm. A, Graham
Some Early Physicians of the Albemarle - - 17
By Richard Dillard, M.D.
Some Ballads of North Carolina - - 26
By Profesior John A. Lomax
A Painting of the Baptism of Virginia Dare - ^ 43
Tablet Marking the Site of the Old Town of Bloomsbury
or Wake Court House - - 45
Biographical and Genealogical Memoranda 54
By Mrs. E. E. Moffit
Rowan County Wills and Marriage Bonds - 59
By Mrs. M. G. McCubbins
SINGLE NUMBERS 35 CENTS
$1.00 THE YEAR
KNTBRKI* rN THE POST-OFFICE AT RAI.EIGH, N. C, AS 9ECOND-CLA88 MATTER.
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The North Carolina Booklet
Great Events in North Carolina History
Volume XI of The Bookixt will be issued quarterly hj the North
Carolina Society, Daughters of the Revolution, beginning July, 1911.
The Booklet will be published in July, October, January and April,
Price $1.00 per year, 35 cents for single copy,
EoiTOB:
Miss Mart Hilliabd Hinton.
VOLUME XI
Why North Carolina Was Opposed to Secession Major W. A. Graham
Folk Songs of North Carolina. Professor John A. Lomaw
Kevolutionary Government of North Carolina, 1775-
177G Mr, T. M. Pittman
The History of Halifax County Chief Justice Walter Clark
Early Physicians of Albemarle .Dr, Richard Dillard
Surgeons and Physicians of the Civil War. Dr. Hubert Royster
News, Travel and Transportation — Pre-Railroad
Era Dr. Charles Lee Smith
The History of Rowan County ,
This list of subjects may be changed, as circumstances sometimes pre-
vent the writers from keeping their engagements.
The histories of the separate counties will in the future be a special
feature of The Booklet. Wlien necessary, an entire issue will be de-
voted to a paper on one county.
The Booklet will print abstracts of wills prior to 1800, as sources of
biography, history and genealogy. Mrs. M. G. McCubbins will con-
tribute abstracts of wills and marriage bonds in Rowan Cbunty to the
coming volume.
Mrs. E. E. Moffitt has consented to edit the Biographical Sketches
hereafter.
Address
Miss MARY HILUARD HINTON,
''Midway Plantation,"
Raleigh, N. C.
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Tablet and stone marking site of Old Town of Bloomsbury, now
Raleigh, N. C, erected by Bloomsbury Chapter D. R.
Unveiled April 26. 1911.
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Vol. XI JULY, 1911 No. 1
floRTH Caroiiina Booklet
^Carolina! Carolina! Heaven^ s blessings attend her !
While we live we Ttnll cherish^ protect and defend her, ' '
Published by
THE NORTH CAROLINA SOCIETY
DAUGHTERS OF THE REVOLUTION
The object of the Booklet is to aid in developing and preserving North
Carolina History. The proceeds arising from its publication will be de-
voted to patriotic purposea Editor.
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'.l^i
ADVISORY BOARD OF THE NORTH CAROUNA BOOKLET
Mbs Hubebt Hatwood. Miss Martha Helen Hatwood.
Mbs. £. £. MoFFiTT. Db. Richabd DnXABO.
Mbs. Spieb Whitakeb. Db. Kemp P. Battle.
Mb. R. D. W. Con nob. Mb. James Spbunt.
Db. D. H. Hill. Mb. Mabshall DeLancet Hatwood.
Db. E. W. Sikes. Chief Justice Walteb Clabk.
Mb. W. J. Peele. Majob W. A. Gbaham.
Miss Adelaide L. Fbies. Db. Chables Lee Smith.
EDITOB:
Miss Mabt Hilliabd Hinton.
OFFICERS OF THE NORTH CAROLINA SOQETY
DAUGHTERS OF THE REVOLUTION 1910-1912
REGENT:
Miss MARY HILUARD HINTON.
YICE-BBGENT:
Miss DUNCAN CAMERON WINSTON.
HONORARY REGENTS:
Mrs. spier WHITAKER,
Mrs. E. E. MOFFITT.
recording secretary:
Mrs. J. LEIGH SKINNER.
CORRESPONDING SECRETARY:
Mrs. PAUL H. LEE.
TREASURER:
Mrs. frank SHERWOOD.
REGISTRAR:
Mrs. JOSEPH CHESHIRE WEBB, Jr.
GENEALOGIST AND HISTORIAN:
Mrs. HELEN DeBERNIERE WILLS.
CUSTODIAN OF RELICS:
Mrs. JOHN E. RAY.
CHAPTER REGENTS
Bloomsbury Chapter Mrs. Hubert Haywood, Regent.
Penelope Barker Chapter Mrs. Patrick Matthew, Regent.
Sir Walter Raleigh Chapter,
Miss Catherine F. Seyton Albertson, Regent.
DeGraffenried Chapter Mrs. Charles Sloter Holuster, Regent.
Founder of the North Carolina Society and Regent 1896-1902:
Mrs. spier WHITAKER.
Regent 1902:
Mrs. D. H. HILL, Sr.»
Regent 1902-1906:
Mrs. THOMAS K. BRUNER.
Regent 1906-1910:
Mrs. E. E. MOFFITT.
*Diad December 12. 1904.
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L.:
THE NORTH CAROLINA BOOKLET
Vol. XI JULY. 1911 No. 1
THE NORTH CAROLINA UNION MEN OF
EIGHTEEN HUNDRED AND SIXTY-ONE
BT MAJOB WM. A. GBAUAM,
(COMMISSIONEB OF AOBICULTUEE. )
That only those who favored secession or entertained the
doctrine of absolute State sovereignty and desired a dissolu-
tion of the Union were true and loyal Confederates would be
a great historical error and injustice to two-thirds of the
citizens of North Carolina. At that time there were four
political tenets in the United States.
First, Nullification. That a State was sovereign to such
a degree that it could remain in the Union but only comply
with such laws as it approved, paying no attention to or
nullifying the laws it did not sanction. This was Mr. Cal-
houn's idea, and in accordance with it he desired a perpetua-
tion of the Union.
Second, Secession. That a State had voluntarily entered
the Union, reserving the right to withdraw or secede at its
own will, especially if it deemed any act of Congress unjust
to its citizens.
These opinions were held respectively by the two wings of
the original Republican, afterwards the Democratic party.
Mr. Davis, upon his withdrawal from the United States Sen-
ate in December, 1860, upon the secession of Mississippi, in
his address gives as dear an enunciation of each of these ideas
as I have seen. He endorsed secession but not nullification.
Third. That when a State entered the Union by adopting
the Federal Constitution, it did not reserve the right of se-
J/iN 1^ ini7
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4 THE NORTH CABOLINA BOOKLET.
cession at will, but consented to look for the preservation of
its rights to the means and authority provided by the Con-
stitution and laws made in conformity thereto; there was
still the inherent right of revolution when these means were
denied or failed to protect the rights or property of a State
or of any of its citizens, but it was the duty of a State and
in accordance with its agreement to exhaust the means pro-
vided by the government for redress of grievances before
resorting to revolution or withdrawal from the Union. This
was the tenet of the Whigs, and of its successor, the Consti-
tutional Union party in 1860, and it was held at that time
by a large majority of the voters of the State.
Fourth. That the States bore about the same relation to
the general government that counties bore to a State. This
was the opinion of the extreme Federalist in his day and of
the extreme Republican of today.
George Fisher, in his books published several years since
**Men, Women and Manners of Colonial Times," gives a
history of the people who settled the respective colonies.
Those who settled Massachusetts he denominates the Puritan ;
those in Virginia the Cavalier. These are really the types
of the Northern and Southern people, and the student can
discover the difference in character and temperament in their
descendants to this day.
The Cavalier settled generally in the country upon a
plantation and had no connection with his neighbors' affairs
except as they related to public matters, local. State or Na-
tional.
The Puritan settled in the village or hamlet, and inteiv
ested himself in all his neighbors' business; was much con-
cerned as to how he bemeaned himself or governed his family.
This oflSciousness it was desired to extend to the county, the
State and the Nation. To this may be added the advocates
of a ^^higher law" that no matter what might have been the
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THB NOBTH CAROLINA UNION MEN OF 1861. 6
agreement in the past, if at any time one's conscience tells
him the agreement is wrong, he can violate or repudiate it.
This was the school of Wm. H. Seward, and might be justly
entitled nullification by the individual. There was none of
this in the South.
That slavery was recognized in the Federal Constitution is
evident A time was fixed for importation of slaves to cease.
Provision was made for the return of fugitive slaves, and for
reckoning slaves in the enumeration upon which Congressional
representation was based. Any interference was a violation
of the compact of the Constitution.
The Kepublican party favored the abolition of slavery,
although its supporters differed in the manner in which it
should be accomplished.
With the election of Mr. Lincoln to the Presidency and
the triumph of the Kepublican party, matters came to a
crisis. Some thought it was useless to longer continue in the
Union, and that the slave States should withdraw; others
that they should not do so until there was some overt act
upon his part^ while others had long desired a separation and
hailed its apparent coming with demonstrations of joy and
approval.
South Carolina seceded in December, 1860, and was fol-
lowed within a month by seven other States. The proper
course for North Carolina to pursue was much discussed in
public meetings and in the Legislature, with warmth, vehem-
ence and acrimony. An act was passed submitting the ques-
tion of calling a convention to consider the question and
determine the course the State would pursue, to the people,
at an election to be held February 27, 1861. Before this,
however, delegates in behalf of peace had been sent to a
National Peace Conference at Washington, D. C, and to the
Provisional Confederate Government at Montgomery, Ala.
In the presidential campaign in 1860 the rights of the
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6 THE NORTH OABOLINA BOOKLET.
States was ably and fully discussed in all phases. In the
Convention campaign only the desirability and advisability
of secession or the contrary action were considered.
The student who will examine the history of the canvass
preceding this election, as recorded in the press of that
period, will see that upon one side it was urged that there
was no use of delay, the State should at once unite with the
States that had seceded. There would be no war ; the States
had a right to secede, and union was no longer either de
sirable or advantageous. Others said they could wipe up all
the blood that would be spilt with a pocket handkerchief.
Foreign nations would at once recognize us, as they could
not do without our cotton and would naturally desire to see
the United States divided. Those who held opposite views
were criticised in the harshest terms as untrue to the South,
submissionists, abolitionists, etc. Men who had never owned
a negro called men who owned hundreds, and one-half of
whose property was of this class, abolitionists, on account of
their devotion to the Union. The denunciation of carpet-
baggers and scalawags in reconstruction times did not much
exceed the abuse to which these were subjected, and in spite
of which they stood for the right as they saw and dared
maintain it. Many of these Union men afterwards entered
the Confederate army and gave their lives to uphold the
cause, while many of their calumniators, like Job's war
horse, "snuffed the battle from afar," and when the time for
action came, through sickness (frequently feigned), or polit-
ical favoritism, kept his carcass out of the reach of Yankee
bullets, the abuse of their neighbors being the only active
service they rendered. The opponents of secession said:
(1) If slavery was the object it would be destroyed by
secession, if that failed.
(2) If secession was successful, the border States would
soon become free; the easy manner of escape, the care and
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THB NOETH OABOLINA UNION MEN OF 1861. 7
expense to prevent it, and the impossibility to recover a
fugitive slave would make this class of property undesirable.
When a State became free it would naturally unite with the
Northern government ; we would have new border States that
would go through the same process to freedom.
(3) That although Mr. Lincoln was President he could
only execute the laws which Congress enacted, and so long
as we had six Senators from the Northern States favorable
to us, there could be no unfavorable legislation ; that he could
not appoint objectionable persons to office as judge, etc., or
even members of his Cabinet, as the Senate would refuse to
confirm their appointment.
(4) The Supreme Court, who held office for life and
passed upon the constitutionality of all laws, was unani-
mously opposed to Republican ideas, and a majority in its
favor was hardly probable in twenty-five years, while a new
President would be elected in four. Mr. Lincoln had lacked
nearly 900,000 votes of a majority of the popular vote; he
had been elected on account of the division of his opponents,
which would not probably occur to such an extent again, and
the next President would be favorable to the Constitution.
(6) It was said the Confederate States Constitution was
almost identical with that of the United States; then there
was no need for another nation.
(7) That the seceding States could not be cut off or dis-
membered from the rest of the country and transported else-
where, but must remain attached to it. That if the Con-
federacy was established there could be no Chinese wall be-
tween it and the North. Self-interest in trade and defense
would render it necessary to have the most friendly relations,
consequently it was best to be one nation.
(8) As to the Yankees not fighting, history proved the
contrary. The men of the Northwest particularly were bone
of our bone and flesh of our flesh, and we might expect a
long and bloody war.
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8 THE NORTH CABOLINA BOOKLST.
Many of the people of North Carolina loved the Union,
whose independence had been won by the lives and sacrifices
of their ancestors. The older men were the sons, and the
middle aged and younger men the grandsons of those who
served in the Revolutionary war. The old men had received
the account direct from their fathers, the actors; they told it
to their children. This kept alive a warm attachment to
and admiration of their country, and they were unwilling to
aid in its dismemberment or destruction.
My father, as his sons each became old enough to under-
stand, told him of his father's service in the Revolutionary
War; how near Charlotte he was left for dead on the field
of battle, with three balls and six sabre wounds ; how he re-
covered, returned to service and "whipped the British." His
sons regarded this as their country whose independence was
won by the blood of their grandsire.
The most glorious chapters in the history of the Union
were those which recorded the results of acts of Southern
men ; then why surrender to the disloyal men of the North a
country whose independence the South had helped to win and
whose position among the nations had been achieved by the
direction of Southern men, many of whom were living at that
time and prominent in national affairs.
The election resulted in the choosing of two-thirds of the
delegates who were opposed to separation at that time, and
the call for a convention was defeated by a few hundred
votes. Many who did not favor separation thought it well to
have a convention in readiness for action, and so voted.
The vote of Davie County decided the matter, the vote being
otherwise about a tie. For some reason, Davie was a week
late in making return of its vote.
The matter of secession, as far as North Carolina was con-
cerned, was thought to be settled for a time, and it was hoped
that the trouble could be averted without war. Mr. Seward,
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THE NORTH CAROLINA UNION MEN OF 1861. 9
who was to be Secretary of State, had assured Judge Camp-
bell of the U. S. Supreme Court, that no attempt would be
made to reinforce Fort Sumter, and it was not thought that
South Carolina would begin hostilities if this was not done.
But there was much uneasiness and unrest. Union men
began to lose hope of reconciliation and declared for action.
Those who had confidence in certain leading citizens seemed
content to leave the matter to them for decision, and to act
as they would indicate seemed best The preacher in Ala-
mance who told his congregation that "they were in times of
darkness and trouble, it was hard to decide what was best;
he could only commend his example to them, that he got his
religion from the Bible and his politics from Governor
Graham," was not an isolated case.
During a discussion in which disunion was a topic in 1841,
Henry Clay, passing the desk of Governor Graham, at that
time a U. S. Senator from North Carolina, stopped and re-
marked : "There are four States in this Union which in its
conformation bear to it about the same position that the
heart does to the human body; as long as they are quiet and
contented there is no danger of disunion, but if they shall
become dissatisfied and restless, trouble will not be far off;
these States are Virginia, North Carolina, Tennessee and
Kentucky." These were indeed prophetic words.
When Lincoln was inaugurated, matters began to assume
a different aspect; while his messages might be satisfactory,
yet his acts and sayings indicated that war was near. An
attempt was to be made to reinforce Fort Sumter; South
Carolina anticipated this and captured the fort. Mr. Lin-
coln called for 75,000 men to restore United States authority.
There was no longer any question as to what could be done
to avert war. War was here, and the only question was.
Which side will you take in the fight ?
Many of the Northern States had passed laws forbidding
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10 THE NORTH CABOLINA BOOKLET.
the use of their jails and prisons to United States marshals
to hold fugitive slaves; this, as far as possible, left him to
mob violence and nullified the law as much as South Carolina
had done the tariff act.
Mr. Lincoln, in his canvass for the United States Senate
against Stephen A. Douglas in 1858, had said that this gov-
ernment could not exist half slave and half free, and must be
all one or the other. He would, if elected, have to take the
oath to support the Constitution of the United States; this
indicated he would not obey this oath, and some said they
would as well have used a spelling book as a Bible when ad-
ministering the oath as President
All the States to the South had seceded; Virginia on the
north and Tennessee on the west were going; was there any-
thing left for North Carolina to contend for or hope for in
the Union ?
The question had long been determined by the Union men
of North Carolina. Nine-tenths of them cast in their lots
with the South. "Blood is thicker than water." Here was
his home, his kindred, his interests, and having done all he
could to prevent disunion, the North had spurned his efforts,
and now he desired to be rid of them. A convention was
called which, on May 20th, unanimously adopted the ordi-
nance of secession, but not until the Union men, who consti-
tuted more than one-third of its members, had entered upon
the journal their vote for a measure prepared by Judge
Badger, expressing their views as to the manner in which
separation should be accomplished. This failing to be adopt-
ed, they voted for and signed the ordinance of secession.
Some few good men in the State never yielded their allegiance
to the Union, but were loyal to the end. With these few
exceptions, men of all parties gave their allegiance to the
Confederacy. The Secessionist and the Union Man, the
Whig and the Democrat, stood side by side and shoulder to
Digitized by VjOOQ IC
THE NOBTH CAEOLINA UNION MEN OF 1861. 11
ahoulder in all the hardships, suffering and death, and those
who survived accepted together the results. The Union man
did not criminate the Secessionists for unnecessarily begin-
ning the conflict, for he knew, although late in entering the
fight, he had done his best to make it a success, and that he
was in no wise to blame that the independence of tbp Con-
federacy had not been gained. There was no sycophant cry
that "the Secessionists tempted me and I did fight," but
knowingly and willingly he entered into the contest and never
regretted his action or made apology for so doing. In the
days of vengeance he asked to have his share handed to him.
Furthermore, at the close of the war the term "Union
man'' was adopted by almost every man who was guilty of
any kind of disgraceful misconduct, and it became synony-
mous with rascality of all descriptions. The Union men of
1860 had no lot or part with such cattle, and refused to be
recognized by a common name with them or to plead his
efforts in 1860 and '61 in exemption from the outrages heaped
upon us by the National Government.
I have called your attention to this item in the history of
the State in order that you may elucidate and preserve it.
Many a gallant Tar Heel has always maintained that he did
not fight the United States flag, but the man who was carry-
ing it and endeavoring to use it to overturn the principles
in support of which it gained a place among the ensigns of
the nations.
These Union men, whether North or South, were the only
truly loyal men in the Nation in 1860. The Secessionists
of the South desired and advocated a division.
The Kepublican of the North endeavored to carry out his
individual opinions, regardless of his constitutional obliga-
tions, maintaining there was a "higher law" than the Consti-
tution, which being interpreted was the right to do as you
pleased and make others do so too.
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12 THE NORTH CABOLINA BOOKLST.
The Union man said, I will stand by the Union as long as
the obligations under which it was formed are observed.
The following is an account of a political meeting held in
Hillsboro on December 26, 1860, and of the resolutions
adopted. These resolutions were also adopted by many other
meetings held in the State at this time.
MASS-MinCTINO IN HILLSBOBO.
In pursuance to an adjourned meeting, a large portion of the citi-
zens of Orange County met at the court-house in this place, and the
meeting was called to order by the Chairman, Wm. H. Brown, who in a
few patriotic remarks explained the object which called us together for
the second time.
The Secretary read the proceedings of the meeting of the 16th inst.,
and the Chairman, the Hon. Wm. A. Graham, of the Committee of Ten,
reported the following resolutions:
The excited condition of the public mind, occasioned by the result of
the recent Presidential election, requiring in the opinion of the citizens
of Orange here assembled, a declaration of the sentiments of the people
in relation to the course proper to be pursued in the present critical
condition of our National affairs, it is therefore:
1. Resolved, That the measures in the course of adoption in certain
States of the Union, since the election of Abraham Lincoln to the
office of President of the United States, presents for the determination
of the people of North Carolina the grave question, whether, so far as
they are concerned, the Grovemment established by the Constitution of
the United States shall be permitted to continue in operation, or
whether it shall be overthrown and annulled, leaving to an uncertain
future the provision of new guards for all the great interests that Gov-
ernment was designed to secure.
2. Resolved, That while regretting the decision made in this election,
in common with the people of all the Southern States, because of the
sectional, and towards us, hostile spirit of the political organization
which nominated and elected the successful candidate; and whilst we
shall vigilantly observe his course of administration, and shall be
prompt to make resistance to encroachments, if any shall be attempted
by him, on the rights and interests of slavery as an established insti-
tution of the Southern States, protected by the Constitution of the
Union, we perceive in the fact of his election no sufficient cause for the
subversion and abandonment of the Government of our fathers, under
which, in but two generations of men, the country has obtained a
prosperity and power unsurpassed among the nations of the earth.
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THE NORTH OABOLINA UNION MEN OF 1861. 13
3. Resolved, That we are not insensible to the encouragement given
to the hostile feeling of the North against slavery in the Southern
States, by the result of this election, but it must not be forgotten that
the Government of the United States is a practical Government, of but
limited powers; that the President is not the Sovereign but the servant
of the Republic, with authorities defined and restricted by the Consti-
tution and laws, liable to be checked and restrained within his legiti-
mate powers by Congress and by the Judiciary; that Mr. Lincoln was
elected by^ but a plurality of votes, in consequence of divisions among
the conservative voters arrayed against him — ^the majority against
him in the whole popular vote being nearly nine hundred thousand.
And when add to this that he will enter into oflBce with a majority of
both Houses of Congress opposed to him, and will not be able to
appoint even his Cabinet counsellors without the aid of a conservative
Senate, there is but a remote probability of a successful encroachment
on our rights during the limited period of his administration, if there
shall be the disposition to attempt it.
4. Resolved, That the enactment of laws in many of the non-slave-
holding States, intended to obstruct the execution of the law of Con-
gress, for the arrest and surrender of fugitive slaves, is in plain and
palpable violation of the Constitution of the United States, and the
repeal of those laws is demanded as a duty of justice and submission
to the Constitution on the part of those States, and as indispensable
to future union.
5. Resolved, That waiving the constitutional question of the power
of a State to secede from the Union, such act of secession, if effected
peacably, is not an appropriate and adequate remedy for the injuries
under which the Southern States are now laboring. To depart from
the Union, leaving behind in the hands of her supposed enemies all her
interests in the national accumulations of eighty years, in which she
had proportional rights, would be a sacrifice on the part of a State,
except under the pressure of overruling necessity, as incompatible with
her dignity as her interests.
6. Resolved, That we recognize in its full extent the right of re-
sistance by force, to unauthorized injustice and oppression, and if the
incoming administration shall pervert the powers of the Government
to destroy or otherwise unlawfully interfere with the rights of slavery,
none will be more ready than ourselves to recur to this extreme remedy ;
but in adopting measures on a subject of such vital interest to fifteen
States of the Confederacy, we should deem it but just and wise to act
if possible, in concert, and after consultation with the other slave-
holding States, and more especially with the frontier States of Mary-
land, Virginia, Kentucky and Missouri, which are the greatest sufferers
from existing grievances, and stand as a barrier between the rest of
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14 THE NOETH CABOLINA BOOKLET.
the Southern States and the enemies of their peace and safety beyond
that frontier.
7. Resolved, That reasonable time should be allowed, and all remedies
consistent with the continuance of the Union, should be exhausted
before an abandonment of that Constitution established by Washington
and its compatriots, which in its general operation has been the source
of blessings innumerable to the American people.
8. Resolved, That it is recommended to the Legislature to make
appropriations for the purchase of such supplies of arms as may be
necessary as a preparation for any emergency that may arise.
9. Resolved, That the foregoing resolutions be published in the Hills-
borough papers, and transmitted to the representatives from this county,
to be laid before the General Assembly.
John W. Norwood, Esq., offered the following as an amendment:
Resolved, That we recommend to the present Legislature to provide
for calling a Ck)nvention of the people, to take into consideration the
alarming state of public affairs, and determine for North Carolina the
time, mode and measure of redress for existing wrongs.
The question being taken upon Mr. Norwood's resolution, it was
rejected.
No objections were made to the resolutions as reported by the com-
mittee, and they were passed by a large majority.
Wm. H. Brown,
Dennis Heabtt, Chairman.
C. E. Parish,
Secretaries.
N. B. — Governor Graham was the acknowledged leader of
the Whigs or Union men. The topics in the accounts of the
opinion of the Whigs in the above paper are taken from the
address which was made to the people in the convention cam-
paign in February, 1861.
« « «
The paper which was presented to the Secession Conven-
tion, May 20, 1861, by Hon. George E. Badger:
AN ORDINANCB DECLARING THE SEPARATION OF NORTH CAROLINA FROM
THE UNITED STATES OF AMERICA.
Whereas, Abraham Lincoln, of Illinois, and Hannibal Hamlin, of
Maine, were chosen President and Vice-President of the United States
by a party in fact and avowedly entirely sectional in its organization,
and hostile in its declared principles to the institutions of the South-
em States of the Union, and thereupon, certain Southern States did
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THE NORTH OABOLINA UNION MEN OF 1861. 15
separate themBelves from the Union, and form another and independent
government, under the name of "The Confederate States of America";
and,
Whebkas, The people of North Carolina, though justly aggrieved by
the evident tendency of this election, and of these principles, did, never-
theless, abstain from adopting any such measure of separation, and
on the contrary, influenced by an ardent attachment to the Union and
Constitution which their fathers had transmitted to them, did remain
in the said Union, loyally discharging all their duties under the Con-
stitution, in the hope that what was threatening in public affairs might
yield to the united efforts of patriotic men from every part of the
Nation, and by these efforts such guarantees for the security of our
rights might be obtained as should restore confldence, renew alienated
ties, and finally reunite all the States in a common bond of fraternal
union; meantime cheerfully and faithfully exerting whatever influence
they possessed for the accomplishment of this most desirable end; and,
Whebeas, Things being in this condition, and the people of this
State indulging this hope, the said Abraham Lincoln, President of the
United States, did, on the 16th day of April, by his proclamation, call
upon the States of the Union to furnish large bodies of troops to enable
him, under the false pretense of executing the laws, to march an army
into the seceded States with a view to their subjection under an arbi-
trary military authority, there being no law of Congress authorizing
such calling out of troops, and no constitutional right to use them, if
called out, for the purpose intended by him; and,
Whebeas, This call for troops has been answered throughout the
northern, northwestern and middle non-slaveholding States with en-
thusiastic readiness, and it is evident from the tone of the entire press
of those States, and the open avowal of their public men, that it is the
fixed purpose of the Government and people of those States to wage a
cruel war against the seceded States, to destroy utterly the fairest
portion of this continent, and reduce its inhabitants to absolute sub-
jection and abject slavery; and,
Whebeas, In aid of these detestable plans and wicked measures, the
said Lincoln, without any shadow of rightful authority, and in plain
violation of the Constitution of the United States, has, by other procla-
mations, declared the ports of North Carolina, as well as all the other
Atlantic and Gulf States under blockade, thus seeking to cut off our
trade with all parts of the world; and,
Whebeas, Since his accession to power, the whole conduct of the said
Lincoln has been marked by a succession of false, disingenuous and
treacherous acts and declarations, proving incontestably that he is, at
least in his dealings with Southern States and Southern men, void of
faith and honor; and.
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16 THE NOETH CABOLINA BOOKLET.
Whebeas, He is now governing by military rule alone, enlarging by
new enlistments of men both the military and naval force, without
any authority of law, having set aside all constitutional and legal re-
straints, and made all constitutional and legal rights dependent upon
his mere pleasure, and that of his military subordinates; and,
Whebeas, All his unconstitutional, illegal and oppressive acts, all his
wicked and diabolical purposes, and, in his present position of usurper
and military dictator, he has been and is encouraged and supported by
the great body of the people of the non-slaveholding States:
Thebeforb, This Convention, now here assembled, in the name and
with the sovereign power of the people of North Carolina, doth, for the
reasons aforesaid, and others, and in order to preserve the undoubted
rights and liberties of the said people, hereby declare all connection of
government between this State and the United States of America dis-
solved and abrogated, and this State to be a free, sovereign and inde-
pendent State, owing no subordination, obedience, support or other duty
to the said United States, their Constitution, or authorities, anything
in her ratification of said Constitution, or of any amendment or amend-
ments thereto to the contrary notwithstanding; and having full power
to levy war, conclude peace, contract alliances, and to do all other acts
and things which independent States may of right do: and appealing
to the Supreme Governor of the world for the justice of the cause and
beseeching Him for His gracious help and blessing, we will, to the
uttermost of our power, and to the last extremity, maintain, defend
and uphold this declaration.
Mr. Craige offered the following as a substitute for the
foregoing, which was adopted, ayes 72, noes 40 :
AN OBDINANCE dissolving THE UNION BETWEEN THE STATE OP NOBTH
CABOLINA AND THE OTHEB STATES UNITED WITH HEB. UNDEB THE
COMPACT OP OOVEBNMENT, ENTITLED, "THE CONSTITUTION OF THE
UNITED STATES."
We, the people of the State of North Carolina in Convention assem-
bled, do declare and ordain, and it is hereby declared and ordained:
That the ordinance adopted by the State of North Carolina in the
Convention of 1789, whereby the Constitution of the United States was
ratified and adopted; and also all acts and parts of acts of the Greneral
Assembly, ratifying and adopting amendments to the said Constitution,
are hereby repealed, rescinded and abrogated.
We do further declare and ordain, that the union now subsisting
between the State of North Carolina and the other States, under the
title of 'The United States of America," is hereby dissolved, and that
the State of North Carolina is in full possession and exercise of all
those rights of sovereignty which belong and appertain to a free and
independent State.
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80MB BABLT PHTSIOIANS OF THX ALBBICABLB. 17
SOME EARLY PHYSICIANS OF THE ALBEMARLE
BT BICHABD DILLABO, MJ>.
At a vote taken by the Immortals of the French Academy
some time ago, to determine the order in which the great men
of France should be named, Louis Pasteur outranked Na-
poleon Bonaparte. It was decided that a man who minis-
tered to "the healing of the nations" was infinitely greater
than a warrior who won battles at the reckless sacrifice of
human life. And the whole world admits this truth today,
that,
"A wise physician skilled in wounds to heal,
Is more than armies to the public weal."
Few sections have had so many distinguished medical men
as this. One was Governor, two wrote histories of the State,
some have won honors in foreign lands, while others have
served their country both in peace and war, and filled almost
every position of honor and trust.
Undoubtedly the earliest physician of the Albemarle sec-
tion was Dr. John King. Among the records of the court-
house at Edenton may be found his bill for services rendered
Arter Workman, under date of July 26, 1694, to-wit :
1 Emetic & 1 dose pill Anodine at 8s.
To my visit & 1 dose pill Anodyne 158.
To 8 days attendance at lOs. per day 4 £.
My visit at Jno. Gk>df rey's, Jalep and attend 16s.
My visit at Madam Clark's IDs.
Dr. Godfrey Spruill located at Edenton about 1702, but
nothing is known concerning him except that he was em-
ployed by the vestry of St Paul's Church, Edenton, to attend
one Elinor Adams. The record runs thus: "Information
being made by Capt. Thos. Blount that Elinor Adams by of
2
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18 THE NORTH OABOLINA BOOEXST.
Infirmity and Indigence is in great danger of being lost for
want of Assistance, Ordered that Capt Thos Blount treat
with Doctr. Godfrey Spruill in order to her cure, and that
Doctor (Jodfrey Spruill be paid for his Physick and Cure
by the Church Wardens five pounds, and that Capt Thos
Blount is requested by Vestry to endeavor to oblige the said
Elinor to Serve the Doctor for the use of his House and
nursing/'
The next member of the profession to locate here was
"George Allen, Chyrurgeon." He is described in the Colo-
nial Records as being "a man of vile character and lately
condemned at Williamsburgh for cursing King George, and
Mr. Drysdale who is Govr of Virginia." Not long after that,
a bill of indictment was brought against him for going pri-
vately armed and assaulting our Governor.
He was a wicked and turbulent spirit, and seemed to be
constantly at war with the public authorities. It was per-
haps the reputation of this renegade that caused Thos. Iredell,
of Jamaica, in after years to write his nephew, James
Iredell, who had just located here: "You have without
doubt physicians who understand to prescribe. But un-
fortunately for their patients, those gentlemen more com-
monly understand their trades better than their profession,
and it is more for their interest (howsoever criminal it
may be), to exercise the one, than practise the other. In
short, if your doctor has not some friendship for you, you
must pay severely, both in pocket and person." (Life and
Correspondence of James Iredell.)
Probably the most interesting figure who located here in
early times was Dr. John Brickell. He came here with
Governor Burlington in 1724, and was appointed by him to
make an exploration into the interior with the view of
securing the friendship of the Cherokee Indians.
He left here in 1730 with ten men and two Indians, and
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SOME BABLY PHYSICIANS OF THE ALBEMABLE. 19
traveled fifteen days without having seen a human being.
At the foot of the mountains they met the Indians, who re-
ceived them kindly and conducted them to the camp, where
they spent two days with the chief, who reluctantly per-
mitted them to return. They made the entire trip on horse-
back in thirty-two days.
He describes the trip very interestingly in the history
which he wrote of North Carolina. They built large fires,
and cooked the game which the two Indians killed, and
served it upon pinebark dishes ; at night they tethered their
horses, and slept upon the gray Spanish moss which hung
from the trees. They lived in truly Robin Hood style,
and the tour seems to have been more for romance and ad-
venture than for scientific research. It is a counterpart in
our history of the adventures of the "Knights of the Gtelden
Horseshoe'^ to the Blue Ridge of Virginia under Governor
Spotswood.
Dr. Brickell had a brother, who settled in Hertford County
in 1739, the Rev. Matthias Brickell, from whom is descended
some of the best families of that county.
Another prominent physician who lived here was Gabriel
Johnston, a Governor of North Carolina. To write a sketch
of his life would be to give a history of the Province during
his term of oflSce. He was a graduate of the University of
St Andrew's, Scotland, subsequently held a chair there, and
was a contributor to that noted journal, "The Craftsman."
The affairs of state so engrossed his time that it is doubtful
if he ever practiced in America the profession in which he
was so learned. He was the best of our Colonial Governors.
Dr. William Savage was another member of the profession
here in early days, and was a man of character, position and
great wealth. He owned John's Island, which subsequently
belonged to Stephen Cabarrus, and is described on the records
of the court as "that island opposite the town of Edenton
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20 THE NORTH CABOLINA BOOKLBT.
called Strawberry Island, and containing about 140 acres."
The water has so encroached upon this land that barely two
acres now remain. Iredell mentions him several times in
his diary as a very reliable man. He practised here about
1770, and died 1780, and must have been a gentleman of
considerable professional attainments.
Beneath the shadow of the large cedar trees in Hayes
graveyard is a moss-covered slab of red sandstone; the over-
hanging branches waving to and fro in the autumn sunshine
cast strange silhouettes upon the grave, and put one to
dreaming. The epitaph reads:
"Db. Stlvestbb Hosmeb,
Who oepabted this life in 1794,
AOE 29 TEAB8."
Beyond this there is nothing known of his life, save that he
married a Miss Blair, a niece of Governor Johnston; but the
modesty and simplicity of his epitaph might be taken as the
true index of his character. "The silver cord was loosed,
and the pitcher broken at the fountain," ere life's ascending
sun had scarcely risen upon his bright and useful life. All
who knew him, or about him, have long since passed beyond
the tide, and —
"The mossy marbles rest
On the lips that he has pressed
In their bloom;
And the names he loved to hear
Have been carved for many a year
On the tomb."
The broad daylight of medical science had not broken,
with its rays of splendor, upon the world in his day. No
science has progressed so rapidly as that of medicine; it
flourished even in the dark ages, in the cloistered chambers
of the monks. The rusty locks of the vast treasuries of
knowledge have now yielded to the golden keys of scientific
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SOME EABLT PHYSICIANS OF THE ALBBMABLE. 21
research^ and medical science has worked out the endless
combinations of the vaults of nature ; but knowledge is laby-
rinthine, there are many winding passages and dark cham-
bers still to be explored.
It does seem wonderful to us that the circulation of the
blood was not discovered until 1628. Paracelsus, in 1526,
taught cabalistic medicine, or the influence of the planets
over diseases, and read their symptoms from the stars. The
signs of the 2k)diac are even to this day believed by the
superstitious to influence wounds and operations upon differ-
ent parts of the body. He believed that an abstract some-
thing, which he called Tartar, was the cause of all diseases.
In 460 B. C, Hippocrates of Cos gave forth his apothegm,
that "Medicine consists in addition and subtraction, the ad-
dition of the things which are deficient, and the subtraction
of those things which are redundant. He who practises this
is the best physician, but he whose practice is farthest from
it, is the farthest removed from knowledge of the art." Said
he: "Life is short, the art is long, the occasion fleeting, ex-
perience fallacious, judgment difficult. The physician must
not only be prepared to do what is right himself, but also to
make the patient, the attendants, and externals co-operate."
He was the father of what is now called the regular school of
medicine, and stamped that dignity and honor upon the
profession which it now bears. He required each neophyte
to take an oath, and this every one is supposed to take now
upon entering this profession. It has been beautifully transr
posed from Greek into verse by Dr. James Aitken Meigs, of
Philadelphia. They swore:
**To wield the sword of knowledge in relief
Of sick and suffering ones, and those with grief
Bowed down, and overweighted with much care.
And further, you must solemnly declare
That you in purity and holiness
Will live, and exercise your art to bless
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22 THE NOBTH OABOLINA BOOKLET.
Mankind; from acts of mischief will abstain
And all seductive wiles; and will refrain
From giving drugs for deadly purposes
Or vile. And when some aching brain discloses
The secrets of a sad or guilty life,
Which best the world should never know, lest strife
And ill example follow, you will hide
Such secrets, whilst you counsel, whilst you chide."
This is the exalted Hippocratic oath, and forms the founda-
tion stone to the present code of medical honor.
The earliest known physician of antiquity was Sekhet-
Enach, chief physician to Pharoah Sahura of the fifth dyn-
asty. The first known examination for license to practise
medicine was conducted by Sinan Ben-Tsabet at Bagdad,
A. D. 931. Dioscorides was the most famous herbalist of
antiquity, and the Dioscorea, or wild yam, was named in
honor of him. Eider Haggard, in his story of Cleopatra,
features him as her court physician.
Shakespeare was fond of making thrusts at the profession,
and especially does he make Timon of Athens exclaim :
"Trust not the physician,
His antidotes are poisons and he slays
More than you rob."
And Dry den says :
"Better search the fields for health unbought
Than pay the doctor for a nauseous draught."
I clip the following from the Edenton Oazette, published
about 1810, and doubtless written by some member of the
profession here:
"God and the doctor we alike adore»
Just on the brink of danger, not before;
The danger passed both are alike requited,
God is forgotten, and the doctor slighted."
An old doctor from a neighboring town used to declare
that the malaria was so thick there that the frogs sang all
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BOMB EABLY PHYSICIANS OF THB ALBEMARLE. 23
night long, "Quinine, Quinine"; while the refrain of the
bull frogs was "Calomel, Calomel."
Hugh Williamson, M.D., LL.D., though a native of Penn-
sylvania, practised here. His father and mother were cap-
tured at sea, while on their way to this country, by the cele-
brated Blackbeard, but were finally set free after having
been despoiled of their property. Dr. Williamson first
preached in Philadelphia two years, then was Professor of
Mathematics in the University of Pennsylvania; and not
finding either of these congenial occupations, finally studied
medicine at Edinburg and Leyden, and was induced by his
friends, in 1777, to locate in Edenton. Dr. Williamson rep-
resented Edenton in the Commons in 1782, was a delegate to
the Convention which formed the Federal Constitution, and
was a member of Congress 1790-92, and Jefferson was much
impressed with his ability there. During the Kevolution he
was a member of Caswell's medical staff, and exhibited great
bravery on the field. He was one of the first trustees of our
University, and was requested by them^ in 1796, to invest
some money in books. This was the first step toward the
foundation of that large and valuable library. Williamson
wrote a good deal about the climate of Eastern Carolina,
malarial diseases and the best methods for preventing them.
He was, no doubt, an apostle of the Hepatic creed, whose
dogma was: "One organ, the liver; one disease, biliary de-
rangement ; one remedy, mercury." Blood letting was prac-
tised indiscriminately in his day, and the old-fashioned "ten
and ten" was given to every patient. The doctors in those
days did not have the elegant pharmaceutical preparations,
or the skilled druggist, as, now, but compounded and dis-
pensed their own medicines. The favorite prescription here
in those days for the malarial fevers was "one pint of chamo-
mile tea every morning on an empty stomach/' and this was
to be kept up through the entire malarial season. Quinine
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24 THE NOBTH CAROLINA BOOKLBT.
was unknown to the world then, though Peruvian bark had
been introduced some time by the Jesuits.
Dr. Samuel Dickinson was bom in Connecticut in 1743,
and died in 1802. He graduated in medicine at some foreign
school, most probably Edinburg, as that was the medical
center of the world then, and located in Edenton.
About 1777 he bought the Cupola house, which is still
occupied by his descendants. His arms and crest still hang
upon the walls of that quaint old mansion, and from its breezy
cupola, which seems to stare vacantly at the distant shore,
the engagement between the Confederate ram Albemarle and
the double enders under Capt. Melancthon Smith was watch-
ed by his granddaughters through a spy glass. Dr. Dickin-
son's office stood where the comer store on the lot now stands.
He had associated with him yoimg Dr. Beasley, whose por-
trait was found not long ago in a negro house down on the
wharf, and was used as a cover to a meal barrel. Dr. Beas-
ley's beautiful daughter. Miss Sallie, was engaged to the
gallant and chivalrous Major Bingold, who fell covered with
glory on the sanguine field of Palo Alto. This so affected her
mind that she soon became hopelessly insane, and died.
Dr. Dickinson was a man of wealth, and engaged in some
large land schemes across the sound. He was a distinguished
physician, and was often called in consultation as far as
Norfolk, and met his death from exposure in crossing the
Albemarle Sound to see some member of the Armistead
family.
Dr. Matthias E. Sawyer was an eminent practitioner of
medicine here about 1825^ and published a book about that
time called "Fevers of Eastern North Carolina." In the
treatment of fevers. Dr. Sawyer was at least fifty years in
advance of his time. The University of North Carolina
now possesses the only copy of this work in existence.
Dr. Collins Skinner was a very distinguished physician of
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SOME EABLY PHYSICIANS OF THE AL.BEMABLB. 25
Edenton. His office still stands upon the court-house green.
About 1835 he performed an operation for cataract upon an
old lady, a member of the Howcutt family, residing some
five miles north of Edenton; this was the first successful
operation for cataract ever performed in Eastern North Caro-
lina, and perhaps in the State.
Among the most prominent physicians of a more recent date
are the Warrens, and particularly the brilliant Edward War-
ren-Bey, whose genius shone upon three continents, and whose
checkered life reads like some Eastern romance. To Dr.
Edward Warren belongs the honor for the discovery of hypo-
dermic medication, and in that he was four years in advance
of the inventor of the hypodermic syringe. Dr. Warren,
soon after graduating, had under his care a Miss Betty M.
Jones (afterwards Mrs. George Parrish), and finding her
stomach perfectly intolerant for a number of days to any
form of nourishment or medicine, it occurred to him, as a
last resort, to introduce his medicine under the skin; the
suggestion at once met with the approval of the suffering
patient. Dr. Warren then with a lancet made a small in-
cision in her arm, and through it injected his remedies by
means of an ordinary Annels syringe, giving almost instant
relief to all the distressing symptoms. Many years after-
wards this patient became mine, and she frequently related
to me Dr. Warren's wonderful experiment, with the greatest
minuteness and enthusiasm.
Then there are to be added the Norcoms, Dr. Bichard
Dillard, Sr., Dr. William B. Capehart, Dr. B. H. Winbome,
and a host of others too numerous for this short sketch, who
have passed over the waste fields of death into the land of
the hereafter — ^men who forgot themselves to bless mankind.
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26 THE NOBTH CAROLINA BOOKLET.
SOME BALLADS OF NORTH CAROLINA
BT PB0FE8S0B JOHN A. LOMAX,
(SECBETABT UNIVEBSITT OF TEXAS AND ASSISTANT DIRECTOB
OF THE DEPABTMENT OF EXTENSION.)
During a ballad-coUecting experience of a number of years,
it has come about that no few have fallen into my hands
from North Carolina, in my belief one of the richest locali-
ties in ballad material of any section of the United States.
A small number of these ballads I am printing at the earnest
solicitation of the editor of this journal, in the hope that the
article will awaken the interest of others in preserving for
posterity the floating folk songs that abound in some districts
of North Carolina.
I should say in the beginning that no collector in the field
of balladry should pursue his work on the Carolina coast with-
out first talking with Professor Collier Cobb, of the Univer-
sity of North Carolina, and, if possible, getting a look at his
valuable collection. Professor Cobb, although a well-known
scientist, has a genuine interest in ballad material that he
imbibed from the greatest of the balladists, perhaps, in the
entire history of letters. Professor Child, of Harvard Uni-
versity. As a student of Professor Child, Professor Cobb
learned to love the native song of the out-of-doors people,
while he was at the same time being wedded to the field of
geology through the teaching of the great Southern educator,
long eminent at Harvard University — Professor N. S. Shaler.
To Professor Cobb, therefore, I must make due apology for
presuming to invade a field already possessed so thoroughly
by him.
The songs I am printing, however, may, in time, lead many
people to confide their treasures into the competent hands of
Professor Cobb or of other collectors, and therefore be of
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SOME BATJ.AD8 OF NOBTH CABOLINA. 27
direct benefit to ballad collecting throughout America. In
addition to Professor Cobb, there are other persons in North
Carolina who have done good work in this field. Among
them is Miss Adelaide Fries, of Winston-Salem. Miss Fries
has made an interesting collection of Moravian songs, which,
I am told, are all religious in tone and of German origin.
Mr. Cobb^s collection consists chiefly of songs that he has
picked up along the coast. Indeed, these are probably the
most interesting of all the North Carolina ballads. Through
Miss S. O'H. Dickson, of Winston-Salem, has come informa-
tion of mountain corn-husking songs, similar in spirit to the
negro corn-husking songs ; and also mention of the negro to-
bacco stripping songs. Unfortunately, I have not been able
to secure examples of either of these classes.
The material that has been sent to me from other sources
in North Carolina may be grouped somewhat as follows:
First, traditional songs; second, war songs; third, negro
songs ; fourth, mountain songs ; fifth, the coast songs, collected
by Professor Collier Cobb. The songs in Professor Cobb's
collection are not available for publication, inasmuch as he
perhaps will issue them at some time himself. He has,
however, consented to furnish the library at Harvard Uni-
versity copies of all of his collection. At Harvard the col-
lection will become available to all students of the ballad.
Before quoting any of the songs, I should like to ask the
readers of this article to furnish me with copies of the fol-
lowing songs:
1. ''Morgan's War Song."
2. "Run, Nigger, Run."
3. "Sal's in de Garden Siftin' San'."
4. "When Lillington Fought for CasweU's Glory."
I should also appreciate complete copies of what the fol-
lowing seem to be fragments. In some instances the frag-
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28 THE NOBTH OAEOLINA BOOKLET.
ment may be the entire song^ but I should like any informa-
tion whatever about any one of the songs. These fragments
all came from my North Carolina correspondents.
Cold, frosty morning, nigger mighty good;
Axe on his shoulder, gwine to cut some wood.
Little piece of com bread, little piece of fat.
And de white folks grumble if you eat much of dat.
• • • •
Frog he sot and watched the alligator,
Hopped on a log and offered him a 'tater ;
The alligator grinned and tried to blush,
Frog he laughed and said, "Oh, hush!"
• • • •
Sam stuck a needle in his heel, in his heel»
Sam stuck a needle in his heel.
A one-eyed black snake run thu the fence,
What a funny chicken a terrapin air,
And Sam stuck a needle in his heel.
• • • •
Harness up yo bosses,
Hey, oh hey!
Harness up yo bosses.
Hey, oh hey!
We'll show you how to drive *em;
Hurrah for Uncle Sam.
• • • •
I've wondered and wondered
All the days of my life.
Where you're goin', Mr. Mooney,
To get yourself a wife.
Where you're goin', where you're goin'
To get yourself a wife.
I'm goin' to ,
An' that will be the place
To get Miss Laura,
If God'll give me grace— etc.
Out came Miss Laura
All dressed in silk,
With a rose in her hair
And white as milk— etc.
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SOME BALLAD& OF NOBTH OABOLINA. 29
Johnstown's a mighty flood,
Johnstown's a mighty flood,
Johnstown's a mighty flood.
For the dam was bound to break.
Fifty thousand souls were lost.
Fifty thousand souls were lost,
Fifty thousand souls were lost,
For the dam was bound to break.
• • • •
There was a lady, skin and bone;
Such a thing before had ne'er been known.
She walked out one night to pray,
She walked but a little way.
She walked up, she walked down,
She saw a ghost lying on the ground.
The lady to the spirit said,
''Shall I look so when I am dead?"
The spirit to the lady said— II! Wah! Ah! Eh!
By traditional songs is meant such songs as were familiar
to the old generation — songs that were sung by our grand-
mothers in their childhood and have been handed down from
generation to generation chiefly by oral transmission. Good
examples of these songs are :
''Suzana, Don't You Cry."
"Old Dan Tucker."
"Jim Crack Com."
"A Frog He Would a- Wooing Go."
Of these songs I have full copies. The two traditional
songs quoted hereafter were perhaps chiefly serviceable for
the entertainment of children. The first one^ so far as I
know, has no title. The second, as I happen to know, was
as popular in Massachusetts as it was in early days in North
Carolina.
Oh who will wear my castor boots, castor boots.
Oh who will wear my castor boots?
Oh who will wear my castor boots, castor boots,
When I am far away?
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30 THE NOBTH CAROLINA BOOKLBT.
Oh who will ride the old black mule, old black mule?
Oh who will ride the old black mule, old black mule,
When I am far away?
Oh who will smoke my rusty pipe, rusty pipe,
Oh who will smoke my rusty pipe, rusty pipe?
Oh who will smoke my rusty pipe.
When I am far away?
Oh who will shoe my pretty feet, my pretty little feet.
Oh who will shoe my pretty little feet, my pretty little feet?
Oh who will shoe my pretty little feet,
When I'm in a far away land?
Oh who will glove my pretty little hand? etc.
Oh I will shoe your pretty little feet, etc.,
When you're in a far distant land.
Oh I will glove your pretty little hand, etc.,
When you're in a far distant land.
• • • •
BIIXT BOY.
Where have you been, Billy Boy, Billy Boy,
Where have you been, charming Billy?
I have been to seek a wife for the comfort of my life;
She's a young thing and can not leave her mother.
Did she ask you in, Billy Boy, Billy Boy?
Yes, she asked me in with a dimple in her chin.
Did she take your hat, Billy Boy, Billy Boy?
Yes, she took my hat and she threw it at the cat.
Did she set you a chair, Billy Boy, Billy Boy?
Yes, she set me a chair, with a ribbon in her hair.
Can she make a cherry pie, Billy Boy? etc.
Yes, she can make a cherry pie quick as a cat can wink his eye.
How old is she, Billy Boy? etc.
Three times seven, twice twenty, and eleven.
Can she make a pudding well, Billy Boy, Billy Boy?
Can she make a pudding well, charming Billy?
She can make a pudding well, I can tell it by the smell,
She's a young thing and can not leave her mother.
Can she make up a bed neat? etc
She can make a bed up neat from the head to the feet, etc.
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SOME BAIiLABS OF NOBTH CABOLINA. 31
Another version :
Where have you been, Billy Boy, Billy BoyT
Where have you been, charming Billy?
Oh, I've been down the lane for to see my Betsey Jane,
She's a yoimg thing and wants to leave her mammy.
Hold old is she, Billy Boy, Billy Boy? etc.
Three times six, four times seven, twenty-eight and eleven, etc.
How tall is she? etc.
She's as tall as a pine and as straight as a pumpkin vine.
Twice six, twice seven, three times twenty, and eleven.
Naturally, the three American wars produced a consider-
able amount of popular ballad material. A partial collec-
tion has already been made of this material, but many of
the most vital and interesting of the songs are still floating
among the people, especially the folk who live in the back
country and on the frontier. For example, take a single
stanza from a Confederate song of the Civil War, which men-
tions the Louisiana Tigers and the Bucktail Eangers of Penn-
sylvania, whose name grew out of the bucktails on their caps :
The Louisiana Tigers
They charged with a yell;
They charged the Bucktail Rangers,
Damn their souls to hell.
Another popular Confederate song was an adaptation of
"Wait for the Wagon,^' the chorus of which ran :
Wait for the wagon.
The Confederate wagon;
O wait for the wagon.
And we'll all take a ride.
Other similar parodies, more completely worked out, for
which single stanzas will serve for illustrative purposes, are :
Yankee Doodle had a mind
To whip the Southern traitors,
Because they didn't choose to live
On codfish and pertaters.
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6'Z THE NOBTH OABOLINA BOOKLET.
Yankee Doodle, fa so la,
Yankee Doodle Dandy;
And to keep his courage up
He took a drink of brandy.
• • • • •
King Abraham is very weak,
Old Scott has got the measles;
Manassas is now off at last,
Pop go the weasels.
I came from old Manassas
With a pocketful of fun;
I killed forty Yankees
With a single-barrel gun.
It don't make a nif-o-sniference
To either you or I,
Big Yank, little Yank,
All run or die.
The two parodies are taken from a book of Southern war
songs published by M. T. Bichardson & Co. in 1890. There
are, of course, many similar ones written from the point of
view of the North, all of which should now be given wide
publication as interesting human mementoes of those trou-
blous days.
The negro songs that have come to me from North Carolina
are mainly religious. A number of interesting fragments of
secular songs were, however, given to my wife by Mr. Fred
A. Olds of Raleigh, N. C. These fragments are fairly illus-
trative.
Turkey buzzard, turkey buzzard,
Take me on your wing;
Carry me cross de ribber
To see Sally King.
Buzzard no answer,
Keep on flyin';
Sally, she's a-waitin*.
Fairly dyin'.
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BOMB BALLADS OF NORTH CABOLINA. 38
I'll never marry an old maid,
Tell you de reason why:
Neck BO long and stringy
'Fraid she'll never die.
Qit along home, Cindy, Cindy,
Git along my Cindy gal,
Way down in Yallerbam.
I'll never marry a po' gal,
Tell you de reason why:
She'll eat up all yo' rations,
An' fool you on de sly.
Git along, etc.
• • • •
I don't like a nigger no how,
I don't like a nigger no how;
A nigger and a mule
Is a mighty big fool—
Don't like a nigger no how.
I don't like a po' white man no how,
I don't like a po' white man no how;
Put him on a hoss.
Thinks he's a boss —
Don't like a po' white man no how.
• • • •
Hush, you sinner.
Don't you cry.
Devil's gwine ter git you
By and by.
You needn't shout,
You needn't laugh,
For you is only
Just de chaflf —
For a few days.
Of the same nature is a small fragment sent in by Miss
Dickson^ of Winston-Salem. This, she says, was a favorite
of Charleston, South Carolina, darkies before the war, and
was current in other localities :
I gone down town wid my pocket full o' tin,
Dooda! dooda!
I come back home wid my hat cave in,
Dooda, dooda, day!
3
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34 THB NOBTH OABOLINA BOOKLET.
I boun' ter run all night, an' I boon' ter run all day,
I bet my money on de bob-tail hose,
Dooda, dooda, day!
Still another, which was sung to my wife by a cook in
Ealeigh, is described by the negro woman as "awful pitiful."
Poor Joseph been sick pinin' for you,
Dear father, dear father, come home;
This is the message I heard him say —
Come home, the work is all done.
Refrain:
Ck)me home, come home.
Dear father, dear father, come home.
This is the message I heard him say —
Come home, the work is all done.
My mother is too.
Dear father, dear father, won't that do?
My mother is sick and wantin* you too-
Dear father, dear father, come home.
Mother said her love was true,
O father, O father, won't that do?
Mother said her love was just as true —
O father, won't that do?
It is difficult to choose among the large body of religious
songs known by the oldtime darkies of North Carolina. Miss
Dickson says, in a letter enclosing several, some of which I
quote later : "The songs enclosed are those I can fully recall.
They are some of those sung by the members of my father's
two negro congregations in Orangeburg and Barnwell. Thejj
are so entirely different from those sung elsewhere that I
can not help thinking that there was some unknown minstrel
who sung and whose songs spread among them."
1. Oh, come home, come home, come home, my Fader's children;
Come home, come home, an' He ain't got weary yet.
Refrain:
Oh, He call you by de lightnin'.
An' He call you by de t'under,
An' He call you by de middle night cry.
Oh, come home, etc.
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SOME BALLADS OF NOETH CABOLINA. 36
2. Oh, come home, come home, come home to mj Fader's kingdom, etc
3. Oh, come home, come home, come home to de cross of Jesus.
4. Oh, come home, come home, come home to de Saviour's bosom.
• • * •
Refrain: patience.
It's good fuh to hab some patience, patience, patience,
It's good fuh to hab some patience fuh to wait upon de Lawd.
My brudder, won't you come and go wid me,
My brudder, won't you come and go wid me,
Fuh to wait upon de Lawd?
Refrain:
It's good to hab some patience, etc.
My sister, won't you come and go wid met etc.
My fader, won't you come and go wid me? etc.
My muddah, won't you come and go wid me? etc.
{Last verse) i
De ship is in de ha'bor, ha'bor, ha'bor,
De ship is in de ha'bor, ha'bor, ha'bor,
An I'se a-gwine home.
• • • •
O section, don't ring that bell no mo' [to be sung three times].
In that momin', my Lord, in that momin', my Lord,
In that momin' when the Lord says hurry.
2. O Lord, I'se done what you tole me to do, etc.
3. O Raphael, don't stop that shinin' sun, etc.
4. O Qambler, you can't ride this train, etc.
5. Gambler, no money won't pay your fare, etc.
6. O Micah goin' strike dat 'vidin' line, etc.
7. O Liar, you can't ride this train, etc.
8. O Lord, I feel like a motherless child, etc.
9. O Lord, I wish I never been born, etc.
10. O Drinker, you can't ride this train, etc.
Another fragment:
O my Lord, you promised to come by here [three times].
In de momin' when de Lord says hurry.
O my Lord, I want to be yo' chile [three times].
In de momin' when de Lord says hurry.
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36 THB NORTH CABOLINA BOOKLET.
When de sun fail to shine [three times]
I'll go to God a-shoutin'.
Refrain:
You may have all dis worl* [three times],
But glory be to CkkL
When de moon turn to blood [three times]
I'll go to God a-shoutin'.
Lord's goin* set dis worl' on fire,
Lord's goin' set dis worl' on fire some o' dese days.
Lord's goin' set dis worl' on fire,
Lord's goin' set dis worl' on fire some o' dese days.
Lord don't want no coward soldiers.
Lord don't want no coward soldiers in His band.
Lord don't want no coward soldiers.
Lord don't want no coward soldiers in His band.
God's goin' ride on whistlin' chariot [repeat a» first verte].
I'm goin' tell my Jesus howdy.
I'm goin' kneel roun' de union table.
I'm goin' walk an' talk wid angels.
I'm goin' ride on de whistlin' chariot.
We're all goin' kneel 'roun* de union table.
We'll all be asleep, yes Lord, in glory.
We all shall bow our heads in glory.
We all goin' drink wine, drink wine in glory.
Precisely similar in spirit and imagery are the religious
songs yet popular among the darkies of the Brazos River
bottom cotton plantations of Texas. One of the most mov-
ing of a large number of these songs in my possession^ I heard
sung not long ago with powerful effect by a negro congrega-
tion hid among the trees, just on the edge of one of the big
fields of cotton in Brazos County, Texas.
I got a mother in de Beulah Ijand,
Outshine the sun, outshine the sun, outshine the sun;
I got a mother in de Beulah Land,
Outshine the sun, far beyond the sun.
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SOME BALLADS OF NOBTH CABOLINA. 37
Do Lord, do Lord,
Do remember me;
Do Lord, do Lord,
Do remember me;
Do Lord, do Lord,
Do remember me, do remember me.
When my blood run chilly and cold
I got to go, I got to go, I got to go;
When my blood run chilly and cold
I got to go, way beyond the sun. — Chorus,
Right under de cross, dere lies your crown,
Dere lies your crown, dere lies your crown;
Right under de cross, dere lies your crown,
Way beyond de sun. — Chorus.
The melodj; the pathos, the vivid phrasing, and the touch-
ing faith of these old songs will finally win a place for them,
in my judgment, in the future history of American literature.
The most valuable of the mountain songs from North Caro-
lina are probably those that have come from Miss Edith B.
Fisk, of White Rock, North Carolina. Many of these are
survivors of the old English and Scottish ballads yet held in
cherished possession by the direct lineal descendants of the
men and women who chanted the ballads in the old country
centuries ago. Such ballads as "Fair Eleanor," "Lord
Thomas," "Sweet Margaret," and "Barbara Allen," are
widely known and yet sung to the old tunes by the modern
people. Other songs popular among them are local songs of
historic interest, or local songs recounting late events, usually
tragedy. Moreover, among the mountains are found many
of the frontier ballads of America that have drifted back east
Such songs as "The Buffalo Skinners," "The Cowboy's La-
ment," and "The Dying Cowboy," picked up in Texas, and
printed in my volume of Cowboy Songs, are often found
among the mountaineers in the Asheville district. Miss Fisk,
in writing of an old woman from whom she secured numerous
songs, says : "She says she has always known them. When
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38 THE NORTH CABOLINA BOOKLET.
she was a girl that 'is all they studied about/ and if she heard
a song once she knew it. There was an old man who used to
sing many a song when he *got drunk/ and all gathered about
him eagerly. She assured me that she knows 'one hundred
love songs,' and 'one hundred songs of devilment.' She gave
me Brothers and Sisters and Pretty Sarah, playing and sing-
ing them for me."
From this "old woman" Miss Fisk copied the following
interesting songs of the Civil War :
It was our hard general's false treachery
Which caused our destruction in that great day.
Oh, he is a traitor, his conduct does show;
He was seen in the French fort six hours ago.
And to be marked by the French, I am sure.
There round his hat, a white handkerchief he wore;
And one of our bold soldiers he stood by a tree.
And there he slew many till him he did see.
"Would you be like an Indian, to stand by a tree?"
And with his broad sword, cut him down instantly.
His brother stood by him, and saw he was slain.
His passion grew on him, he could not refrain.
"Although you're a general, brave Braddock," said he,
"Revenged for the death of my brother I'll be."
When Washington saw that, he quickly drew nigh,
Said, "Oh, my bold soldier, I'd have you forbear."
"No, I will take his life, if it ruins us all."
And Washington turned round to not see him fall.
He up with his musket, and there shot him down.
Then Braddock replied, "I received a wound."
"If here in this place, my life I should yield.
Pray carry your general, boys, out of the field."
Then General Gatefore, he took the command.
And fought like a hero for old Eng-e-land.
He fled through the ranks, like a cat to her game,
But alas, and alack, he was short-i-ly slain.
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80M£ BALULDS OF NOBTH CABOLIKA. 39
Then General Gates, he took the command.
And fought like a hero for old Eng-e-land.
He wished that the river had never been crossed
And so many Englishmen shamefully lost.
We had for to cross, it was at the very last.
And crossing over the river they killed us so fast.
Men fell in the river till they stopped up the flood.
And the streams of that river ran down red with blood.
Brave Washington he led the way to victory and renown.
Planted the tree of liberty Great Britain can't pull down.
The roots they spread from shore to shore,
The branches reach the sky;
The cause of freedom we adore,
We'll conquer, boys, or die.
Brave Tennessee has sent a band
To fight at New Orleans;
With British blood we'll wash the land,
The Tories cord the sea.
And with a shout our eagle roared.
And fluttered as she flew;
Her arms are like a lion grown,
Her arms are ever true.
There's Iowa and Kentucky,
New knights with heart and hand;
There's several, too, the North we'll fight.
Our Union to defend.
"Pretty Sarah" and "Owen's Confession" are fairly illus-
trative of the songs of local origin.
When I came to this country, in 1829,
I saw many lovyers, but I didn't see mine.
I looked all around me and saw I was alone.
And me a poor stranger, a long way from home.
It's not this long journey I'm dreading to go.
Nor leaving my country, nor the debts that I owe.
There's nothing to pester, nor trouble my mind.
Like leaving pretty Sarah, my darling, behind.
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40 THE NORTH OABOLINA BOOKLBT.
Mj loTe, she won't have me, as I do understand,
She wants a freeholder, and I have no land.
But I can maintain her with silver and gold.
And it's many pretty fine things my love's house can hold.
I wish I was a poet, and could write a fine hand,
I'd write my love a letter that she could understand.
I'd send it by the waters when the water overflows,
I think of pretty Sarah wherever she goes.
I wish I was a dove, and had wings and could fly,
About my love's dwelling this night I'd draw nigh.
And in her lily white arms all night I would lay,
And watch some little window for the dawning of day.
As pretty Sarah, pretty Sarah, pretty Sarah, I know.
How much I love you, I never can show.
At the foot of old Coey, on the mountain's sad brow,
I used to love you dearly — and I don't hate you now.
owsn's confession.
Ck)me, all ye good people, far and near.
That has come here this day to see my body put to death —
Oh, for my soul do pray!
I would have you take warning from what you now do see;
I pray you trust in honesty, and shun bad company.
December past, in ninety-eight, as you may understand.
That was the time we set out upon this cruel plan.
Lewis Collins was a man that enticed me to go.
To my eternal ruin, to my reproaching woe.
It was our intention, a fortime for to make,
Though, poor and happy men, we were met with a mistake.
I went so far against the will of my poor wife so dear,
The night before I left her my shirt she bathed in tears.
Then down to Mr. Irlen's, Ohe therefore I was bent;
To do any murder it was not my intent,
Though, making for his money, he made toward his gun —
And to save my own life, Ohe then I shot him down.
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SOME BALLADS OF NOBTH CAROLINA. 41
And to get his money we quickly did prepare,
As it was well ordered, we got but little there.
It being the first crime of the sort that ever I had done,
My guilty conscience checked me so that from the house I run.
Then to quit my company, Ohe therefore I was bent,
To go to Wilkes among my friends, for that was my intent.
But, ohe, his sad deluding he prest on me so hard,
"As for the crime that we have done, why should you it regard?"
By his insinuation some comfort I did take,
And freely went along with him to my unhappy fate.
The poor and unhappy rich I was to go on such a cause,
And now I am condemned to die by justice and by law.
I hear the carriage coming my body for to bear
To the place of execution, death to encounter there.
So fare you well, my loving wife, likewise my children dear,
William Owen is my name, all ye that want to hear.
Farewell to sun, moon, stars, all things that in them be.
Farewell to earth with all her fruits — ^I have no need for thee.
Come, sweet Lord, I humbly pray, and wash me in Thy blood.
And in Thy praise continually my tongue shall sound aloud.
The limits of this article forbid a detailed discussion of
any of the songs, and I submit as the concluding one a song
sung to my wife by Mrs. Davis of Britten's Cove :
There was a Romish lady brought up in Popery;
Her mother always taught her the priest she must obey.
'^O pardon me, dear mother, I humbly pray thee now.
For unto these false idols I can no longer bow."
Assisted by her handmaid, a Bible she concealed,
And then she gained instruction till Gk>d His love revealed.
No more she prostrates herself to pictures decked with gold.
But soon she was betrayed, and her Bible from her stole.
"I'll bow to my dear Jesus, 1*11 worship God unseen,
I'll live by faith forever — the works of men are vain.
I can not worship angels nor pictures made by men;
Dear mother, use your pleasure, but pardon if you can."
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42 THE NORTH CABOLINA BOOKLET.
With grief and great vexation, her mother straight did go
To inform the Roman clergy the cause of all her woe.
The priests were soon assembled and for the maid did call.
And forced her in the dungeon to fright her soul withal.
The more they strove to fright her, the more she did endure;
Although her age was tender, her faith was strong and sure.
The chains of gold so costly they from this lady took,
And she, with all her spirits, the pride of life forsook.
Before the Pope they brought her in hopes of her return,
And then she was condemned in horrid flames to burn.
Before the place of torment they brought her speedily;
With lifted hands to heaven she then agreed to die.
There being many ladies assembled at the place.
She raised her eyes to heaven and begged supplying grace.
"Weep not, ye tender ladies, shed not a tear for me,
While my poor body's burning, my soul the Lord shall see.
"Yourselves ye need to pity, and Zion's deep decay.
Dear ladies, turn to Jesus, no longer make delay."
In comes her raving mother, her daughter to behold,
And in her hand she brought her pictures all decked with gold.
"0 take from me these idols, remove them from my sight,
Restore to me my Bible wherein I take delight.
Alas, my aged mother! Why on my ruin bent?
'Twas you who did betray me, but I am innocent.
"Tormentors, use your pleasure, and do as you think best,
I hope my blessed Jesus will take my soul to rest."
Soon as these words were spoken, up steps the man of death,
And kindled up the fire to stop her mortal breath.
Instead of golden bracelets, with chains they bound her fast.
She cried, "My God, give power — ^now must I die at last?
With Jesus and His angels forever I shall dwell;
Qod, pardon priests and people, and so I bid farewell.''
North Carolina collectors, who value this material prop-
erly, will see to it, I feel sure, that not many years elapse
before all this interesting material is taken down and de-
posited in the libraries of the universities, where, in after
years, it will be invaluable to students of humanity. These
songs, coming straight from the heart of the folk, simple and
direct, reflecting the social and intimate emotional life of the
people, will eventually become priceless historical documents.
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A PAINTING OF THE BAPTISM OF VIEGINIA DABE. 43
A PAINTING OF THE BAPTISM OF
VIRGINIA DARE
At the annual meeting of the North Carolina Society
Daughters of the Revolution, held in Raleigh at the home of
the Corresponding Secretary, Mrs. Paul H. Lee, in January,
1911, a most important resolution, and one that should arouse
the interest of all patriotic North Carolinians, was introduced
by Mrs. E. E. Moffitt, who was the guest of honor on that
occasion.
This resolution was to raise funds sufficient to place in the
Nation's Capitol at Washington a painting of the baptism
of the first white child born on American soil, the best known
of all children whose names are recorded in the annals of
American history — the ill-fated Virginia Dare. It is need-
less to state that the North Carolina Society, Daughters of
the Revolution, which is ever keenly alive to the necessity of
guarding and preserving our State's noble past, unanimously
adopted this resolution.
Below is given the resolve in full :
FOBEWOBD.
Among all the incidents of the early history of this nation, no one
thing should stand out in bolder relief, more pathetic, or more signifi-
cant of mighty and holy purpose than the baptism of Virginia Dare,
which took place on Roanoke Island, on the shores of North Carolina,
August 18, 1587.
Whebeas, In consideration of this great historic event which took
place within the limits of North Carolina, and as no great public recog-
nition has yet been made to bring before the world the great intention
of our great colonizer, Sir Walter Raleigh, therefore be it
Resolved, That as this, the ''North Carolina Society of the Daughters
of the Revolution," which has for its object the perpetuating and com-
memorating great events in North Carolina history, take steps to have
a painting executed of such merit as to entitle it to a place among the
other notable paintings depicting great scenes in the history of this
nation, which now adorn the Capitol at Washington.
Second, That this Society raise sufficient funds for the picture, through
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44 THE NORTH OABOLINA BOOKLET.
its own efforts and by petition to the Congress of the United States, for
the completion of this object. Respectfully submitted,
Mbs. E. E. Moffitt,
Raleigh, N. C, January, 1911. Honorary Vice-Regent.
Committee signed by Miss Mary Hilliard Hinton of the Regent of the
North Carolina Society of the Daughters of the Revolution.
Mrs. Louise Pittenger Skinner, Recording-Secretary, N. C. S. D. R.
Mrs. Paul Hinton Lee, Corresponding-Secretary, N. C. S. D. R.
Mrs. Mary Bates Sherwood, Treasurer, N. C. S. D. R.
Miss Grace Bates, Librarian, N. C. S. D. R.
Mrs. John E. Ray, Custodian of Relics, N. C. S. D. R.
Mrs. Annie Moore Parker.
Mrs. John Cross.
Mrs. Hubert Haywood, Regent of the Bloomsbury Chapter, D. R.
At the annual meeting of the General Society, held in
Baltimore in May, it received the endorsement as a State
Society work.
On May 26, 1911, Hon. Lee S. Overman, Senior Senator
from North Carolina, introduced this bill :
▲ BILL FOB THE EXECUTION OF ▲ SUITABLE AND CEEDITABLB PAINTING
DEPICTING AND PERPETUATING THE BAPTISM OF VIBGINIA DABE, THE
FIBST KNOWN CELEBBATION OF A CHBISTIAN SACRAMENT ON AMEBICAN
SOIL.
Be it enacted hy the Senate and House of Representatives of the
United States of America in Congress assembled, That the sum of ten
thousand dollars, or so much thereof as may be necessary, be, and the
same is hereby, appropriated, out of any money in the Treasury not
otherwise appropriated, for the execution of a suitable and creditable
painting depicting the scene of the baptism of Virginia Dare, which
took place on Roanoke Island, on the shores of North Carolina, on the
eighteenth day of August, fifteen hundred and eighty-seven; said paint-
ing to be of such merit as to entitle it to a place among the notable
paintings depicting and perpetuating other historic scenes of national
interest which now adorn the walls of our National Capitol.
It is indeed a gratification to be able to report that the
said bill has passed two committees and been referred to the
Committee on the Library, There also comes the news that
there is hope of its passage. Both Senator Overman and
Senator Simmons are working hard for this noble cause,
which has been far too long unnoticed.
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MASKING SITE OF THE OLD TOWN OF BLOOMSBUBY. 45
MARKING THE SITE OF THE OLD TOWN OF
BLOOMSBURY, OR WAKE COURT HOUSE
PRESENTATION OF TABLET TO THE CITY OF RALEIGH
The morning of April 26, 1911, was fair and bright, and
it seemed that Nature herself smiled approval on the Blooms-
bury Chapter, Daughters of the Revolution, and their gift to
the city, that should mark for future generations the location
of the old town of Bloomsbury, the remembrance of which
was fast fading from the mind of the oldest inhabitant and
becoming an uncertain tradition.
Bloomsbury had but a short life — about twenty years —
but it was nevertheless during that time a social and politi-
cal center. The home of Colonel Joel Lane was here, and the
probabilities are, though history does not so state, that it was
through his influence that it was chosen the county seat, as it
was also through his influence that Raleigh was chosen our
State capital. Colonel Lane was noted for his hospitality
and fondness for social life, as well as for his influence in
politics. Here great hunting parties assembled from all the
country-side, and there is still standing today, in our Capitol
Square, a tree but a short distance removed from Fayette-
ville street which was in those days a favorite deer stand.
To accommodate the crowds which assembled here, Colonel
Lane had a tavern built, which was situated just across the
road from his own residence. It was here that Tryon rested
in 1771 from the 5th to the 8th of May, when he was gath-
ering his forces to march against the Regulators, and when
the army returned from Alamance, Colonel John Hinton dis-
banded his detachment here.
It was at Bloomsbury, in Colonel Lane's residence, that
the Legislature was held in 1781, during the Revolution, and
at this time and in this place Thomas Burke was elected
Gk)vemor.
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46 THE NORTH GABOLINA BOOKLBT.
The Bloomsbury Chapter, Daughters of the Revolution,
celebrated their first anniversary by this gift to the city. It
was a happy and joyous occasion to them, to which all were
invited, and many responded. It was the first occasion upon
which a local historical spot had been marked in Raleigh,
Mr. John W. Hinsdale, Jr., a descendant of Joel Lane, was
marshal for the day, and he most gracefully introduced the
various speakers.
The services were opened by the Rev. W. McC. White,
D.D., with an invocation, which was as follows :
▲ PBATEB AT THE ESTABLISHMENT OF A MEMOEIAL STONE IN RALEIGH,
APRIL 26, 1911.
Thou Eternal One, we bow our heads in lowly adoration before Thee.
Thou art God — even from everlasting to everlasting, Thou art God.
From everlasting, from the beginning, or ever the earth was— Thou
wast. In the beginning Thou didst create the heaven and the earth.
Thou laidest the foundations thereof, when the morning stars sang
together and all the sons of God shouted for joy. All things were made
by Thee, and without Thee was not anything made that was made.
As Thou hast been from everlasting, so Thou wilt be. Heaven and
earth shall pass away — they shall perish — but Thou remainest; they
shall wax old as doth a garment, and as a vesture shalt Thou fold them
up, and they shall be changed; but Thou art the same and Thy years
fail not.
But, oh. Thou ever-living God, our days on earth are but as a shadow
that passeth away — ^but as an evanishing cloud — ^as a watch in the
night — as a tale that is told — as the grass; in the morning it groweth
up and flourisheth, in the evening it is cut down, and withereth. As
for man his days are as grass; as the flower of the field, so he flourish-
eth. For the wind passeth over it, and it is gone, and the place thereof
shall know it no more forever.
Yet, oh. Lord, we children of men long for immortality, and would
perpetuate the memory of our deeds on earth, and of our history hith-
erto. And we have come now to set up this memorial stone to mark
the beginnings of our city — lest we forget. Let it be unto us, we pray
Thee, and unto them that come after us, a reminder of our origin, that
from it we may measure, and rightly estimate and appreciate. Thy great
goodness unto us in Thy providence over us all, the plentitude of Thy
loving-kindness and the multitude of Thy tender mercies unto us. As
we, or our children, or our children's children, look upon this stone,
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MASKING SITE OF THE OLD TOWN OF BLOOMSBUBY. 47
may we or they be moved to say with the patriarch of old: I am not
worthy of the least of all Thy mercies which Thou hast showed unto
Thy servant; with my staff I passed over, and now I am become two
bands! With the pious Israelite may we stand to praise Thee, saying:
A Syrian ready to perish was my father; and he went down into Egypt
with a few, and became there a nation, great and mighty and populous.
So, oh. Lord, as we look back upon our humble beginnings and then
turn to contemplate this imperial city in all its beauty and riches and
power and glory, may our hearts fill up with grateful, loving adoration
of Thee, our fathers' €rod, and our God. For Thou, Lord, art good, and
Thy mercy endureth forever.
Not unto us, not unto us, oh. Lord, but unto Thee do we give the
glory. And if ever in the pride of our hearts we are found saying. Is not
this great Babylon, that I have built by the might of my power and
for the honor of my majesty — forgive us, we pray.
Oh, Lord, keep watch over this stone. And if it please Thee, let it
remain in its place until that day when the elements shall melt with
fervent heat, when the earth and the works that are therein shall be
burned up. Nevertheless, we, according to Thy promise, look for a new
heaven and a new earth, wherein dwelleth righteousness. And grant it
of Thy mercy, oh. Lord, that we may inherit the new earth and dwell
therein forever. And oh, that we may then, in eternal leisure, revisit
in memory, or in spirit, or even in our own person, the scenes of our
earthly history, and be permitted to trace out all Thy dealings with man
from the beginning to the end. And as then with unclouded vision we
see, no longer as through a glass darkly, but face to face; as we know,
not in part, but the whole — we shall behold and admire and join with
the saints of all ages in the song of Moses and the Lamb, saying, Qreat
and marvellous are Thy works, oh. Lord God Almighty; just and true
are Thy ways. Thou King of Saints.
And now, God of our fathers, be Thou still a God unto us. Here we
raise this Ebenezer; hitherto hast Thou helped us. And unto Thee do
we look in faith for the unknown future. Guide Thou, govern Thou us
all the days. This we pray in the name and for the sake of our Lord
Jesus Christ. Amen.
Mr. William B. Snow, who is the great-grandson of Wil-
liam Boylan, who in 1818 purchased the estate of Bloomsbury
shortly after it passed from the possession of the Lane family,
and whose children and grandchildren have continuously
owned the property until now, made the next address. Mr.
John W. Hinsdale, Jr., introduced Mr. Snow.
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48 THE NORTH CAEOLINA BOOKLET.
Ladies and Oentlemen:
In North Carolina we have heretofore paid too little attention to the
past and to keeping our records straight. We have heen content with
doing, but have considered the remembrance of the deed accomplished
as of minor importance. This was wrong, for a heroic deed forgotten
had almost as well never have taken place. It is the remembrance of
past glories that stimulates the youth of coming ages, and it requires
a knowledge of the past to give those who live in the present a proper
outlook.
It is true that the founding of a town is not a heroic act, but the
same spirit that produced the Regimental Histories of North Carolina,
stimulates the activities of the North Carolina Historical Society and
that originated the North Carolina Booklet and a score of other
tokens of our new view of the past, is responsible for our presence here
today to commemorate the founding of the old and almost forgotten
town of Bloomsbury.
I take pleasure in introducing to you Mr. Wm. B. Snow, who will
make the address of the day.
MR. snow's address.
Ladies and Oentlemen:
It is truly an honor, and no less a pleasure, which has been conferred
upon me by the Bloomsbury Chapter of the Daughters of the Revolution,
to address you upon an occasion so inspiring as the dedication and
unveiling of the monument to commemorate this historic spot.
While the people of a busy world are so engaged and absorbed by the
daily affairs of life, the patriotic and self-sacrificing order of the
Daughters of the Revolution, composed of the descendants of those who
fought in the war of the Revolution for American independence^ and
created the greatest nation of the world, are industriously and nobly
engaged in perpetuating the memory of those now historic times and
events and in preserving the identity of the places which formed a
setting for these scenes. Much does the present, and more will the
future owe to these good women for their high-minded purpose. And
so, today, they have erected here a monument to commemorate and
identify the historic place of "Bloomsbury," the original County Seat
of Wake County.
In the year 1771, during the strenuous period of the reign of George
m, Wake County was created by act of the Colonial Assembly, out of
portions of the older counties of Cumberland, Orange and Johnston ; the
origin of its name is disputed, as are other things and events pertaining
to that period of our State's history, some ascribing it to the name of
Royal (Jovemor Tryon's wife, and others to that of his wife's sister.
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MARKING SITE OF THB OLD TOWN OF BLOOMSBUEY. 49
Seven commisBioners appointed by the Legislature located the county
seat at Wake Cross Roads, as the place had been theretofore called, be-
cause it formed the junction of two or more of the important highways
of the State leading to and from the then seat of the government at
New Bern and the towns of Hill^boro and Salisbury. The seven com-
missioners were Joel Lane, Theophilus Hunter, Hardy Sanders, Joseph
Lane, John Hinton, Thomas Hines and Thomas Crawford. But as
fitted the newly acquired dignity of the place, the name became changed
to "Bloomsbury," which was the name of the home of Colonel Joel Lane.
There still stands, in quiet beauty and imposing grace, the one object
which has remained to mark the location of the historic place, the old
Colonial home, at that time the stately mansion, of Colonel Joel Lane, one
of the great men of his day. Upon a gentle slope, it overlooked the
surrounding lands, the only residence for distances around, the gathering
place for the commanding men and fair women of its times, to whom
its open doors offered the pleasures afforded in those days by a people
noted for their Southern hospitality. There, too, occurred many of the
important gatherings and meetings which formed eventful epochs in
those days when men's minds were filled and their hearts throbbed
with the pulsations of war. There, too, met, on June 23, 1781, the
General Assembly of the Colony, and elected Thomas Burke, Governor
of the Colony. There, too, oftentimes, went the Governor to seek advice
and assistance from Colonel Lane. It was at Bloomsbury that the
Governor and the officers in command of the King's soldiers assembled,
and from there proceeded on their march to Hillsboro to meet the
Regulators, and to further advance to the battle of the Alamance.
When the county seat was established, the Wake court house and jail
were built, their location being probably to the south of the Lane
residence and near the present railway tracks, where they remained
for more than twenty years and until after the town of Raleigh had
been created. In 1818, Bloomsbury and the large tract of surrounding
land, extending to the present grounds of the Central Hospital on the
south, to Hillsboro street on the north, to the Seaboard Air Line on
the east, and Pullen Park and Rocky Branch on the west, became the
property of William Boylan, in whose family it has constantly remained,
descending to his namesake and grandson, who is its present owner.
At the time of its acquirement by the Boylan family, Bloomsbury was
the only residence within the limits of the tract of land, and for many
years, until the modern city of Raleigh arose, and its open areas be-
came traversed by streets and modem residences sprung up, it still
overlooked, in all its historic grandeur and importance, the broad domain
of which it had been the central figure. The loving care bestowed upon
it by those who have cherished its history has kept it in a remarkable
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50 THE NORTH OABOLINA BOOKXBT.
state of preservation, and may the result of these exercises today be to
sustain the interest of the public in its noble past.
The living descendants of Colonel Joel Lane are numerous in the city
of Raleigh, and well known and distinguished as befits the descendants
of so eminent a character in the history of Bloomsbury and of their
county and State.
Colonel Lane had six sons and six daughters, and time forbids that
I should attempt to mention the names of the numerous descendants.
Among them, however, are the Mordecais and the Devereux, of whom the
accomplished and esteemed John W. Hinsdale, Jr., adds to the success
and enjoyment of these ceremonies by his services as Chief Marshal of
the occasion ; and the two handsome and attractive young boys, William
and Qavin Dortch, who will by unveiling the monument thus con-
tribute their part towards the success of the occasion.
So much for the history of Bloomsbury. As we stand in the midst
of surroundings hallowed by memories so dear to the hearts of a
patriotic people, and look through the vista of the past, we marvel at
the changes which have come with time. No longer is the scene one
bright with the movements of Revolutionary troops, and Bloomsbury
stands surrounded with modern homes, its once solitary grandeur gone.
In the years which are to come, future generations will no longer have
the pleasure which is ours today, to look upon the home that was once
so intimately associated with an eventful past. But when that time
shall come this imposing monument shall speak to them a story they
may never read in books, and they will be the better for it. They will
know of the patriotism of a people who loved their past and loved to
honor it. And they will think with increased admiration of the splendid
work of that band of noble hearted women who devoted their efforts to
the task of making immemorial those things so often soon forgotten,
the Daughters of the Revolution.
After Mr. Snow's address, Miss Mary Hilliard Hinton,
State Regent of the North Carolina Society, Daughters of
the Eevolution, in behalf of the Bloomsbury Chapter, pre-
sented the memorial to the city, in the following graceful
manner.
MI88 HINTON'S AIH>BB8S.
Today we stand upon Wake's most historic ground, and in placing
this memorial do reverence the brave men and noble women who have
gone before, the fruits of whose labors later generations have enjoyed*
The various periods of our history are here combined; therefore
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liABKIKO SITE OF THS OLD TOWN OF BLOOMSBTJBY. 51
naturally an onlooker becomes retrospective. His thoughts revert to
the dajs when these acres formed a part of a vast wilderness, untouched
by civilization save at energy-stirring distances, when conveniences
were a dream of a future that was yet to dawn. Gradually it became
the center of a large county, later its seat of government. Next, the
horrors of a civil war overshadowed the Province, and Qovemor Tryon
here gathered together his army, loyal subjects of a British sovereign,
and marched hence to meet the R^^lators on the field of Alamance.
In a short space the men who defended the crown's rights were assert-
ing their own. In the midst of that long struggle for independence, the
General Assembly honored Colonel Lane with its presence, and in yonder
Colonial home, the oldest we can claim, the brilliant Thomas Burke
was elected Governor of North Carolina. Then came the efforts to
locate the State's capital permanently, and Colonel Lane won, selling
one thousand acres and donating five lots for the new town. Lastly,
the selection of a name that should be a source of pride to every
English-speaking individual, carries us back to the time of the ''Lost
Colony" and the beginning of England's power.
In marking this site, the Bloomsbury Chapter, in celebration of its
first birthday, imparts information known only to the minority.
Monuments and tablets are regarded by a majority of our country-
men as an utterly useless expenditure of money. To the thoughtful
they are an essential means of teaching history, of arousing that
national love without which a man can claim no country. It is a
pronounced characteristic of the Anglo-Saxons to revere the deeds and
memories of their antecedents and to lose no opportunity of preserving
their records beyond the archives of state, even though centuries may
elapse without some achievement. From this line of progenitors we are
visibly inheriting this excellent trait.
The flame of patriotism which is adorning our land, by perpetuating
its glorious past in bronze, stone, marble and on canvas, is not the
passing fad of an hour; it is the safeguard of progress, preventing the
vandalic supremacy of materialism that threatens the life of the New
World.
To the aldermen and officials of the city, who by their generous assist-
ance have made this event possible, we extend our heartfelt gratitude.
On behalf of the Bloomsbury Chapter, North Carolina Society Daugh-
ters of the Revolution, and at the request of our Regent, Mrs. Hubert
Haywood, it affords me infinite pleasure to present this tablet and
stone to our city of Raleigh, through her most highly esteemed Mayor,
the Honorable J. S. Wynne, asking that the said memorial receive their
care and trusting that it may serve to arouse a proper sense of State
and national pride in the citizens of this county.
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52 THE NORTH OABOLINA BOOKLBT.
The Hon. J. S. Wynne, Mayor of the city, accepted the
memorial for the city, in a brief address.
HON. J. 8. Wynne's address.
Daughters of the Revolution,
Ladies: — It gives me peculiar pleasure to accept, on behalf of the
city of Raleigh, this tablet, which your public spirit and your pride in
history have caused you to place on this spot, for it is the first tablet
set up to mark any point in Raleigh which has a bearing upon local
events or places. The time has come to take up this work of thus
placing memorials of this character, for Raleigh, though it has only a
little more than a hundred years of history behind it as the capital of
the great Ck>mmonwealth of North Carolina, yet long before that honor
was conferred, this locality was the scene of incidents which bear upon
our colonial history. In accepting this enduring bronze memorial to
mark the site of old "Bloomsbury," I take pleasure in making the high-
est public acknowledgment of the appreciation of Raleigh and of Wake
for the thoughtful care which has caused you to take this very proper
step, and I thank you for what is but an added evidence of your high
purpose to instill pride in the memories of the great past in the minds
of our people.
At the close of Mayor Wynne's address, Mr. Hinsdale
announced that the tablet would be unveiled by Masters
William and Gavin Dortch, descendants to the seventh gener-
ation from Joel Lane, and whose silver knee buckles were used
to clasp the regalias which these little boys wore on this occa-
sion, when they had come to do honor to their ancestor.
The benediction by Dr. White closed the services.
The Daughters of the Revolution are under many obli-
gations to the Board of Aldermen, Mr. R. B. Seawell, city
engineer, and Mr. W. A. Cooper, alderman and city street
commissioner ; also Mr. Marshall DeLancey Haywood, with-
out whose advice, kindness and co-operation this memorial
would not have been possible.
The tablet is placed on a natural boulder of Wake County
granite, which is located at the comer of Boylan Avenue and
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KAHEINO SITE OF THE OLD TOWN OF BLOOMSBT7BT. 53
Morgan street. It is of bronze, and bears the following in-
scription :
On and ABOXTin> This Spot
Stood the Old Town of
BLOOMSBURY
OB
WAKE COURT HOUSE
Which was Ebected and Made the Ck>irNTY-SBAT
WHEN Wake County was Established in 1771.
This place was the eendezyous of a pabt of Qotebnob Tbton's abmt
WHEN he MABCHED AGAINST THE REGULATOBS IN 1771; HEBE MET THE
State Revolutionabt Assembly in 1781; and to this vicinity was
BEMOYED THE SEAT OF GOVEBNMENT WHEN THE CAPITAL CITY OF RALBIGH
was incobpobated in 1792.
This Memobial Placed by
Bloomsbxtby Chapteb
Daughtebs of the Revolution
A. D. 1911.
Emilt Benbuby Haywood,
Regent Bloomsbwry Chapter, D. R.
Refebences:
Haywood's Joel Lane, Pioneer and Patriot.
Amis's Historical Raleigh.
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54 THE NORTH CABOUNA BOOKLET.
BIOGRAPHICAL, GENEALOGICAL AND
HISTORICAL MEMORANDA
COMPILED AND BDITED BT MRS. B. B. MOFFITT.
MAJOR WILLIAM ALEXANDER GRAHAM
The subject of this sketch, and the author of the article
in this number of The Booklet entitled "The North Caro-
lina Union Men of Eighteen Hundred and Sixty-one," is a
native of Hillsboro, North Carolina. His home residence is
at Machpelah, Lincoln County, N. C, one of the oldest
commimities in the State and first settled by his forefathers.
Major Graham is the grandson of Gteneral Joseph Graham
(1759-1836), the distinguished Revolutionary patriot, whose
life is conspicuous in the annals of North Carolina.
Major Graham is the son of Governor William A. Graham
(1804-1875), of Hillsboro, North Carolina, and Susan
(Washington) Graham, his wife. Of the large family left
by Gt)vemor Graham, many have already made their mark,
among them his son, Major Wm. A. Graham. He was bom
in Hillsboro on December 26, 1839; educated at the Uni-
versity of North Carolina and at Princeton, where he gradu-
ated in 1860.
He entered the Confederate army as a first lieutenant of
Company K, Second North Carolina Cavalry, and on May 1,
1862, was promoted to a captaincy, and was at Gettysburg,
July 30, 1863, where he was wounded. After this he was
Assistant Adjutant General, in which capacity he served
during the war. In 1874, he was elected to the State Senate
from Lincoln and Catawba counties, and was re-elected from
same district, 1876.
Major Graham married (1864) Julia, daughter of John
W. Lane, of Amelia County, Virginia, by whom he has an
interesting family.
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BIOOBAFUIOAL AITD OENBALOGIOAL. 65
Major Graham has always been a devoted student of his-
tory, and has made valuable contributions in its preservation.
In 1904 he published a history of his grandfather, General
Joseph Graham, in which is published his Bevolutionary
papers, with an epitome of North Carolina's military services
in the Bevolutionary war and of the laws enacted for raising
troops. This is a most valuable work, and which required
the most extensive research for the facts contained therein,
dating frcHn the settlement in 1750 of the Scotch-Irish emi-
gration, to the year 1782, inclusive. They are authentic and
based on manuscripts and original records.
The Booklbt is indebted to Major Graham for several
articles on great events in North Carolina history. Vol. IV,
June, 1904, he wrote on the ^^attle of Bamsaur's Mill," a
battle which is little known in general history, yet one of the
most important in results and best fought of the Bevolution.
It destroyed Toryism in that section. In this fight with
Comwallis, forty were killed and one hundred wounded out
of four hundred engaged. The defeat and rout of three
times their number is certainly worthy of note. This battle
field is now within the limits of Lincolnton, and yet remains
to be marked by a patriotic people.
VoL V, January, 1906, contains another article by Major
Graham, on ''The Celebration of the Anniversary of May 20,
1776.'' This was the first celebration of the anniversary of
the Mecklenburg Declaration of Independence, Charlotte,
N. C, May 20, 1835. The attendance was estimated to be
at least five thousand, participated in by many distinguished
citizens of the State. At the dinner many speeches were
made on the political questions of the day. General Joseph
Graham was there and responded to the toast, "Our guest,
Oeneral Joseph Oraham, the living witness of the scene we
have met to commemorate, and the hold and intrepid defender
of its principles/'
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56 THE NORTH GABOLINA BOOKLET.
General Graham replied, giving his individual experience
relative to that event. He was personally acquainted with
those venerable fathers, and had heard the discussion on
those resolutions, and believed that the signers were actu-
ated by pure patriotism, governed by no motive but the
country's welfare, etc. The account of this celebration is
from the Miners and Farmers Journal, Charlotte, N. C,
May 22, 1835. The address of General Graham is from the
Western Carolinian, Salisbury, N. C, June 20, 1835.
Again, in Vol. V, April Booklet (1905), Major Graham
contributed another interesting article, entitled, "The Battle
of Cowan's Ford, N. C. — The Passage of the Catawba Kiver
by Lord Comwallis, February 1, 1781." In this article the
patriots of Kowan, Mecklenburg and Lincoln counties are
given due credit for valor and readiness for the service in
the struggle for Independence. They were in fact soldiers
cantoned upon their own families, ready to inmiediately re-
spond to a call for service, and to provide for their own
findings, in clothes, arms and anmiunition. Their swords
and scabbards were made principally by the smiths and shoe-
makers of the vicinity in which the men lived. GJeographi-
cally, this was the storm center of the Revolution, and with
the crudest of accoutrements, such as present warfare de-
mands, these men, undaunted by fear and with unflinching
determination, stood ever ready to defend their homes and
firesides against the invasion of a foe that had wantonly
trampled on their rights. Well worthy to be kept in remem-
brance by a loyal people! It was recorded in "Tarleton's
Campaigns" that the counties of Mecklenburg and Rowan
were more hostile than any other in America.
The declaration made by Tarleton to Cornwallis that "he
had gotten into a hornet's nest," has become a classic, as it
were. This epithet was gloried in by the patriots of that
day and is yet held as a badge of honor and is emblazoned
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BIOORiLPHIOAL AND OENEALOOICAL. 57
on the monument that stands in a public square of Char-
lotte, N. C, which was erected to the patriots of Mecklen-
burg of 1776.
Major Graham^ after filling many positions of honor and
trust, was chosen some years ago as the head of the North
Carolina Department of Agriculture, and still continues in
that office and makes his business home in the city of Eal-
eigh. His experience as an active and successful farmer won
for him a place not easily filled. In this position he has
the confidence of the people, and the Department is to be
congratulated that one so efficient and up to date in methods
of agriculture, is at the forefront to lead and advise. Major
Graham's activities in his county and State have led to many
important improvements in methods of agriculture and the
administration of law, and always with no spirit of self-
aggrandizement, but for the good of the whole.
The North Caeolina Booklet has been enriched by
his historical articles, and hopes for others, that its readers
may become more familiar with events in our State's history
which have had less prominent attention than they deserve.
PROFESSOR JOHN A. LOMAX
John A. Lomax writes for this issue of The Booklet
"Some Ballads of North Carolina," and though not a native
of this State, he is a Southerner and takes unusual interest
in all that concerns this section of the United States. He
was bom in Mississippi and his parents removed to Texas
when he was but one year old. He was educated at the
University of Texas, where he took both the A.B. and M.A.
degrees. He afterwards studied in Harvard University,
where he was awarded the degree of Master of Arts.
During his residence in West Texas he lived near one of
the old cattle trails, and naturally became interested in cow-
boy songs, which finally resulted in a collection of these songs,
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58 THE NORTH OABOUNA BOOKLST.
published in 1910. His work in ballad collecting has re-
ceived the recc^ition of Harvard University, by his appoint-
ment for two successive years as Sheldon Fellow for the in-
vestigation of American ballads.
After graduating from the University of Texas, Mr. Lo-
max served for six years as Registrar, and then became
Instructor in English in the Agricultural and Mechanical
-College of Texas, and afterwards Associate Professor of Eng-
lish in that institution. He is at present again connected
with the University of Texas as Secretary of the University
and Assistant Director of the Department of Extension.
He expects eventually to issue a series of volumes, possibly
as many as six, covering the whole field of the American
ballad.
The pages of The Booklet are ever open to literary pro-
ductions of this nature, and especially to such as relate to
North Carolina and her people.
DR. RICHARD DILLARD
A biographical sketch of Dr. Dillard was published in the
July Booklet, October, 1906.*
Dr. Dillard was one of the first contributors, his leading
article, "The Edenton Tea Party of October 25, 1774," and
which was commented on in the biographical sketch. Since
that time Dr. Dillard has contributed five other interesting
articles, a list of which we append :
(2) "Hayes, and Its Builder," Vol. II, December, 1902.
(3) "The Indian Tribes of Eastern North Carolina."
(4) "St Paul's Church, Edenton, N. C, and Its Associa-
tions," Vol. V, July, 1905.
(5) "Some Heroines of the Revolution in North Caro-
lina," Vol. VIII, April, 1909.
(6) "Some Early Physicians of the Albemarle," Vol. XI,
July, 1911.
*Thifl was the first year, begianlng In July, 1906, that the Biographical and Qenealogleal
Memoranda was introduced as a feature of this publication.
Digitized by VjOOQ IC
BOWAN COUNTY WIULS AND MABBIAGB BONDS. 59
ROWAN COUNTY WILLS
OOMPILED BY MRS. M. Q. McCUBBlNS.
Alexander Clingerman, a fanner (Book C, page 234),
June 19, 1803. Wife: Elizabeth. Sons: Michael (land on
Second Creek), Jacob (the youngest and not of age), G^rge
(the eldest), Peter, Henry. Daughters: Esther and Cather-
ine. Executors: Sons Michael and Peter and friend Fred-
rick Fisher. Test : Pavid Woodson and Martha Woodson.
Augustine Davenpord (Book E, page 238), September 30,
1799. Wife : Mary "Davenport." Daughters : Sary, Detphy,
Susanna Jane, Anna, Mary, Elizabeth. Sons: Augustine,
James, David, Joel and Jesse. Executors: Wife Mary, son
Augustine, and son-in-law Thomas Jackson. Test: William
Jackson and Geremias Arnold.
Thomas Allison (Book E, page 272), February 12, 1780.
Wife: Martha. Sons: Bichard and Thomas. Daughters:
Naomi and Ann (there may be other children). Executors:
Adam and Theophilus Allison. Test: James Tinley and
Theophilus Simonton.
Robert Wilson (Book D, page 239), June, 1797. Wife:
Elizabeth. Daughters : Mary Davis, Bachel Parke and Eliz-
beth Ennox (this may have been his wife[ ?]). Step-grand-
son: Wilson Jones. Witnesses: Bichard Wilson and John
Wilson, Jr.
John Wilson (Book D, page 242), May 10, 1800. Sons:
John (all of the land to him and his son Andrew), James,
Samuel. Daughters: Elizabeth Frost, Mary Boon, Sarah
Harper. Executors: Son John and Spruce Macay. Test:
Elizabeth Macay, Jacob Wiseman, Jurat ( ?) and Spruce
Macay.
Elizabeth Wilson (Book E, page 10), February 19, 1799.
(She was from counly of York, in South Carolina.) Niece:
Digitized by VjOOQ IC
60 THE NORTH OABOLINA BOOKLET.
Mary Thomson. TJmprey Williams. Test : Thaddeus Shur-
ley, Moses Thomson and Francis Whitney.
Thomas Bell (Book D, page 147), November 15, 1792,
and probated in 1800. Wife : Catharina. Daughters : Agnes
Reed and Elizabeth Carradine. Sons: William (the eldest),
Thomas, James. Grandson: John (son of James). Son-in-
law: Patrick Sloan. Witnesses: David McNeely, Archibald
McNeely, Jr., and James Brandon.
MABBIAOE BONDS* OF BOW AN COUNTY, N. O.
James Andrews to Martha Niblock. May 14, 1762.
James Andrews, Richard King and Henry Horah, Robert
Johnston. (Will Reed.)
David Alexander to Margaret Davison. April 1, 1762.
David Alexander, Henry Lively and John Johnston, Will
Morrison. (Will Reed.)
William Archibald to Martha McCorkell. January 8,
1765. William Archbald, Alexr. M. Corkle and John Arch-
bald. (John Frohock.)
Thomas Archbald to Martha Edmont. March 23, 1765.
Thomas Archbald and John Edmont (Thomas Frohock.)
William Adams to Eliz*** Edmond. January 25 ( ?), 1766.
William (his X mark) Adams, David Black and Joseph (his
X mark) Erwin. (Thomas Frohock.)
John Ashurst to Judith Johnson. October 22, 1767. John
(his X mark) Ashurst and William Frohock. (Thos. Fro-
hock.) A note enclosed from bride's father, Gideon Johnson.
John Adams to Winne Bussell. August 15, 1768. John
Addams and Edward Turner. (Thomas Frohock.) The
following note from the bride's father: "Comall frohock
Sir please to grant John Addams Lisons to mary my daugh-
ter Winne and you will oblige your friend Given from
under my hand on this 15 day of August 1768 Famsed( ? )
Bussell, Elizabeth Bussell."
*Some are almost illegible and some have the same name spelt in two ways. When
possible I have copied the signatures.
Digitized by VjOOQ IC
BOWAN COUNTY WILLS AND MABBLIGE BONDS. 61
William Armstrong to Margaret Woods. August 23, 1768.
William Armstrong, William Temple Cole and John Bran-
don. (Tho. Frohock.)
Abel Armstrong to Margret Cowan. September 16, 1768.
Abel Armstrong, James Dobbin and Jas. Brandon. (Thom-
as Frohock.)
William Alexander to Mary Brandon. January 21, 1769.
William Alexander and John Dunn. (Tho. Frohock.)
Adam Allison to Mary Barr. January 6, 1770. Adam
Allison and Andrew Allison. (Thomas Frohock.) A note
from bride's mother, "Ceatherin Barr.'^
Gabriel Alexander to Jane Black. January 19, 1770.
Gabriel Alexander, David Black and Max: Chambers.
( Thomas Frohock. )
Thomas Allison to Martha Gillespy. January 20, 1770.
Thomas Allison, Benj.** Milner and Thomas Frohock. (John
Frohock.)
Timothy Anderson to Elizabeth Sloan. March 20, 1770.
Timothy Anderson and William Moore. (Thomas Frohock.)
A note from bride's father, Scot( ?) Henry Sloan, giving
permission for "Bettey" to be married on Thursday.
William Aldridge to Hannah Bell. December 18, 1772.
William (his W mark) Aldridge and John Littel. (Ad.
Osbom.) A note from John Irvin saying that Hannah Bell
was a "free woman" who lived in his home. Dated from
Hunting Creek, December 16, 1772.
Eobert Adams to Elizabeth Fleming. February 19, 1773.
Robert Adams and Alexander Endsley. (Max: Chambers.)
Robert Arthurs (Arteres?) to Sarah Allen, a widow.
March 1, 1773. Robert Arteres, Adam Terrence (Tarance ?)
and Moses Winsley. (Ad. Osbom.)
James Alexander to Margaret Ireland. May 7, 1773.
James Alexander and James Ireland. (Ad. Osbom.)
Henry Aggenger( ?) to Maria Mothllena Kircher( ?),
Digitized by VjOOQ IC
62 THX NORTH OABOUNA BOOKLBT.
June 16, 1774. Henry Aggenger( ?) and Philip Virvill( ?).
(Ad Osbom.)
Richard Armstrong to Margaret Osbom. December 27,
1774. Eichard Armstrong and Ad Osbom. (No name.)
Christopher Aesan to Margaret Smith. September 4, 1775.
Christopher (his X mark) Aesan and Daniel Smith and John
Lowrance. (D*" Flowers.)
Henry Aggner( ?) to Elizabeth Erry( t). September 30,
1775. Henry Aggner( ?) and Anthony Soett. (D^ Flowers.)
William Adams to Mary Baker. December 6, 1775. Wil-
liam (his a mark) Adams and Charles (his C mark) Baker.
(Max: Chambers.)
John Andrews to Jean McCuan(?). March 28, 1776.
John Andrews and James McKenn( ?), (Ad. Osbom.)
Jacob Adams to Mar Touson( ?). January 7, 1777. Jacob
(his X mark) Adams and Spencer (his X mark) Adams.
(No name.)
John Alexander to Susanna Alexander. November 7,
1778. John Alexander and Samuel Hogsed. (Ad. Osbom.)
William Anderson to Elizabeth Homes. August 6, 1779.
William Anderson and Francis (his X mark) Homes. (Jo.
Brevard.)
Benjamin Abbott to Mary Hudgins. March 16, 1781.
Benjamin Abbott and Ad. Osborn. A note from bride's fa-
ther, William Hudgens.
Daniel Adams to Sarah Irvin. November 7, 1780 (?).
Daniel (his X mark) Adams and Walter Irvin( ?). (H.
Giflfard?).
William Abbot (a planter) to Lydia Grist (a spinster).
Febmary 28, 1780. William (his X mark) Abbot and Ben-
jamin (his X mark) Grist. (B. Booth Boote?).
Matthew Adams to Anne Howsley. February 20, 1780.
Matthew (his X mark) Adams and Bobert (his X mark)
Howsley. (B. Booth Boote ?)
Digitized by VjOOQ IC
BOWAN COUNTY WELLS AND MABEIAOE BONDS. 63
Peter Albright to Mary Dillon. February 5, 1780 (?).
Peter (his X mark) Albright and Michael Albright. (No
name.)
John Avitts to Sarah Rimmonton. October 18, 1779.
John (his J mark) Avitts and John (his X mark) Hunts-
man. (Jo. Brevard.)
Benjamin Albenny to Sarah Gracy( ?). January 7, 1782.
Benjamin Albenny and John Greacey. (No name.)
James Andrew to Mary Scott. February 22, 1782. James
Andrew and Robert Scott. (Ad. Osbom.)
Creorge Admire to Ruth Jones. (No date.) 1781 ( ?)
George Admire, James (his X mark) Jones. (No name.)
John Andrews to Margaret Andrews. March 4, 1783.
John Andrews and John Andrews. (Will" Crawford.)
Joseph Arthur to Sarah Duncan. June 17, 1783. Joseph
Arthur and Thos. Duncan. (Ad. Osborn.)
Richard Allison( ?) to Lettice( ?) Niel. July 26, 1785( ?)
Richard Allison and William Niell. (H. Magoune.)
Joseph Andrews to 2fephiah Barnes. May 5, 1786. Jo-
seph (his X mark) Andrews and W. Moore. (John Macay.)
John Alexander to June ( ?) Lackey. February 2, 1786.
John Alexander and George Leckey (Luckey or Leekey).
(No name.)
Theophilus Allison to Elizabeth Niel. January 10, 1786.
Theophilus Allison and Andrew Snopdey( ?). (Wm. Erwin.)
Frederick Allimong to Hughley Shersate. December 19,
1786. Frederick (his X mark) Allimong and Daniel AUe-
mong. (Jno. Macay.)
Thomas Adams to Mary Lynon( ?). February 22, 1787.
Thomas (his X mark) Adams and William Scudder. (Edm
Gamble.)
James Adkins to Anne Johnston. April 2, 1787. James
Atkinson and Obadiah SmitL (Jno Macay.)
Digitized by VjOOQ IC
64 THE NORTH OABOLINA BOOKLET.
Ephrame Adams to Eleonor Brian. September 26, 1789.
Ephrame (his X mark) and Daniel (his X mark) Adams.
Daniel Allemong to Elizabeth Bartlett February 7, 1788.
Daniel Allemong and Nicholas Bringle. (J. McCunn.)
Thomas Allen to Marjira Brion. May 26, 1789. Thomas
Allen and William huey ( ?). (W.[ ?] J. L. Alexander.)
Silvester Adams to Hannah Stineen. July 8, 1790.
Silvester (his X mark) and Ephram (his X mark) Adams.
(Basil Gaither.)
James Aytcherson, Jr., to Cristina Miller. February 25,
1791. James (his X mark) Aytcherson, Jr., and Stephen
(his X mark) Noland, Senior. (Basil Gaither.)
Isaac Adams to Hannah Fillips. June 25, 1791. Isaac
(his X mark) Adams and Edmond (his X mark) Adams.
(Basil Gaither.
Abraham Adams, Jr., to (a blank) Howard. August 25,
1791. Abraham (his X mark) Adams, Jr., and John Ball.
(Basil Gaither.)
Abel Armstrong to Mary Eoseborough. December 7(?),
1791. Abel Armstrong and Chas. Harris. (Chs. Caldwell.)
Isaac Adams to Margaret Winford. May 22, 1792. Isaac
(his X mark) Adams and Daniel (his X mark) Adams.
(G. Enochs?).
Richard Armstrong to Elizabeth Gibson. Aug. 8, 1792.
Richard Armstrong and Henry Hughey. (Chas. Caldwell.)
Thomas Anderson to Martha Dickey. October 8, 1792.
Thomas Anderson and Mick Troy( ?). (Jo. Chambers.)
Hugh Allen to Martha Swan. November 10, 1792. Hugh
Allen and Richard Trotter. (Jo. Chambers.)
John Adams to Mary Hunt. February 15, 1793. John
Adams and William Lucky. (Jo" Chambers.)
John Aldridge( ?) to (no name). February 26, 1793.
John Aldrige and G. Wood. (Jo" Chambers.)
Digitized by VjOOQ IC
BOWAN COUNTY WILLS AND MABEIAGB BONDS. 65
Alexander Auston to Anna Braly. March 23, 1793. Alex-
ander Aston and John Braly. (Max Chambers.)
Nicholas Aldrege to Sarah Knock. August 9, 1793.
Nicholas Aldrege and Fredrick (his X mark) Allimong.
(Jo" Chambers.)
Jeremiah Allen to Susanah Spoon. October 2, 1794.
Jeremiah (his X mark) Allen and Kvan X Davis. (John
Eccles, Esqr.)
Peter Adams to Ann Smith (or Snethf). December 29,
1794. Peter Adams and Leonard Crider. (M — Troy.)
Killian Jarrett to Eliz. Clingerman. January 2, 1796.
Killian Jarrett and John ( ?) (No name.)
James Anderson to Mary Qraham. May 27, 1795. James
Anderson and Andrew Irwine. (I Troy, D. C.)
William Adams to Elenor Simpson. March 18, 1796.
William (his X mark) and Koss Simson. (I. Troy, D. 0.)
John Adams to Esther Hawkins. October 3, 1795 (?).
John Adams and Isaac Jones. (I. Troy.)
Thomas Avery to Peggy Buck. May 12, 1797. Thomas
(his A mark) Avery and John (his A mark) Avery. (
Rogers ?)
John Adams to Betsy Reed. January 30, 1797. John
Adams and Wm. (his X mark) Adams. (No name.)
George Andrews to Catharine Barr. December 8, 1798.
George Andrews and John Barr. (Edwin J. Osbom, D. C.)
Samuel Anderson to Anna Knox( ?). January 24, 1800.
Samuel Anderson and Robert Johnton. (Edwin J. Osbom.)
Isaac Anderson to Elizabeth Hunter. March 14, 1801.
Isaac Anderson and John (H) Howard. (John Brem [ ? ],
D. C.)
James Anderson to Nelly Miller. October 3, 1801. James
Anderson and William Wood. (Jno. Brem [ ? ], D.) C.
Daniel Agener to Re8ina( ?) Basinger. July 12, 1802.
Daniel Agener and Jacob Ribeler ( ?). (Jno. Brem, D.) C.
5
Digitized by VjOOQ IC
66 THI NOBTH OABOUKA BOOKUBT.
George Agle to Susanah Hiildemer( )). October 15( ?),
1802. George Agle( 1) tnd John (his X mark) Agle. (A.
Osbom, D. C.)
Thomas Adams to Polly Michel. April 19, 1803. Thomas
(his X mark) Adams and William Harwood. (John Marsh ?)
Samuel Austin to Lyda Bailsback. Jan« 24, 1803. Sam-
uel Austin and Wilson Bussum( ?). (J. Hunt)
William Aderton to Charity Daniel. February 9, 1804.
William Aderton and James Daniel. (A. L. Osbom.)
Jesse Adams to Mary IToland. August 6, 1804. Jesse
(his X mark) Adams and William Whitaker. (No name.)
John Andrews to Ruth Delow. October 13, 1805. John
Andrews and Bat. Williams. ( Jno. Monroe ?)
Nelson Anderson to Margret Smoot. May 24, 1806. Nel-
son Anderson and Frederidc thompson. (John Marsh, Sr.)
Josiah Albertson to Alio Ruddack. July 7, 1805. Josiah
(his X mark) Albertson and James Ounnaday (Kenaday?).
(WiDiam Peggott)
John Andrews to Catharine BelL May 23, 1807. John
Andrews and William Bell. (A. L. Osborne.)
Charles Anderson to Eleander Smoot. December 5, 1808.
Charles Anderson and James Smott (Smoot ?). (Jno. Marsh,
Sr.)
Henry Amhard to Susanna Hartlin. October 27, 1808.
Henry (his X mark) Amhard and Qeoi^ (his X mark)
Hartline. (A. L. Osborne.)
Peter Agenor to Catharine Rough. October 21, 1809.
Peter (his X mark) and John Smathers( ?). (No name.)
James Atkinson to Polly Hartley. December 13, 1809.
James Atkinson and Peter (his X mark) Winkler. (Jno.
Giles.)
Peter Albright, Jr., to Catharine Albright. January 17,
1810. Peter Albright( «) and Peter Albright, Sr. (Geo.
Dunn.)
Digitized by VjOOQ IC
EOWAN OOUWTY WII-L8 AND MABfilAGE BONDS. 67
Jesse Alber80ii(?) to Ann Baily(?). August 22, 1810.
Jesse Alber8on( ?) and Joseph Albertson. ( Jno. Giles.)
John Armsworthy to Susannah Bates. December 15, 1810.
John C. Armsworthy and Aquillar Cheshier( ?). (Jno.
Marsh.)
Henry Allemong to Nancy Todd. April 25, 1811. Henry
AUemong and George Betz. (Jno. Giles.)
John Albright to Peggy Lamb. April 24, 1811. John
Albright and Peter Albright. (Ezra Allemong.)
Joseph Adams to Jensy Tussey. May 22, 1811. Joseph
Adams and James welling. (Geo. Dunn.)
John Aulford to Polly Markland. September 20 (8?),
1811. John Alford and John Markland. (W. Ellis.)
Abraham Arey to Catharine Clingerman. November 23,
1811. Abraham Arey and John Airy. (Jno. Giles.)
Abraham Allen to Mary Allender Nailer. December 13,
1811. Abraham Allen and Jacob Allen. (Jno. Marsh, Sr.)
Benjamin Agenor to Caty Bullon. December 17, 1811.
Benjamin (X) Agenor and John Trexeller( ?) (Geo. Dunn.)
Abraham Alston and John Roe( ?) to Winny Daniel. Jan-
uary 16, 1812. Abraham (his X mark) Alstin and John (his
X mark) Roe( ?). (J. Willson.) (The above is very faulty,
but the family may know.)
Peter Albright to Mary Correll. March 9, 1812. Peter
Albright and Phillip Correll. (Gleo. Dunn.)
William Abbott to Hannah Myres. December 23, 1812.
William Abbott and Abraham Jacobs. (Jno. Giles.)
Henry Adams to Betsy Baleman( ?). February 8, 1813.
Henry Adams and James Walling. (Geo. Dunn.)
Joseph Abbott to Lucy Myers. February 17, 1813. Jo-
seph Abbott and Abraham Jacobs. (Jno. Giles.)
Isaac Allen to Sally Hawkins. August 31, 1813. Isaac
Allen and Ebenezer Frost. (R. Powell.)
Digitized by VjOOQ IC
68 THE NORTH OABOLINA BOOKLET.
Lewis Aplen to Mary Bannerfut. September 28, 1813.
Lewis (his X mark) Aplen and Peter Younce. (I. Willson.)
Michael Akel to Polly Flemmon. December 12, 1813.
Michael Akel and George Lowry. (John Hanes.)
Peter Agle to Peggy Stirwalt. April 30, 1814. Peter
Eagle and Joseph Basinger. (Jno. Giles.)
Michael Anderson to Jensy Hartley. October 29, 1814.
Michael Anderson and Henry Allemong. (Goo. Dunn.)
Isaac Aley to Sally Setlif ( ?). May 4, 1815. Isaac (his
X mark) Aley and Samuel X Nedding ( ? ). (Jno. Giles.)
Garland Anderson to Sally Frost. July 15, 1815. Gar-
land Anderson and R. Powell. (E. Powell.)
Thomas Archibald to Sarah F. Luckey. January 30, 1816.
Thomas Archibald and William Potts. (Jno. Giles.)
Samuel Agenor to Polly Grubb. April 15, 1816. Samuel
(his X mark) Agenor and Samuel Lemly. (Gteo. Dunn.)
Peter Ader to Betsy Rickett. April 28, 1816. Peter (his
X mark) Ader and Samuel (his X mark) Bird. (J. Willson.)
James Atkinson to Mary Berry. May 1, 1816. James
Atkinson and William (his X mark) Adams. (Henry Giles.)
James Austin to Margaret S. Gambal. May 27, 1816.
J. L. Austin and Bennet Austin. (R. Powell.)
Daniel Airy to Rebecca Rttman( ?). August 29, 1816.
Daniel (his X mark) Airy and Adam Kauble (Cauble?).
(Jno. Giles.)
Starling Abbott to Nancy Mervil. September 7, 1816.
Starling (his X mark) Abbott and William Mervil (Mer-
rel?). (Henry Giles.)
Peter Adams to Sally Walton. October 17, 1816. Peter
Adams and Ezra Allemong.
Gabil Aery to Prissy Parker. October 23, 1816. Gabriel
Avery and Daniel (his X mark) Aery. (Milo A. Giles.)
Bennet Austin to Margaret Carson. February 9, 1817.
Bennet Austin and Basil G. Jones. (R. Powell.)
Digitized by VjOOQ IC
EOWAN COUNTY WILI-S AND MABRTAGE BONDS. 69
Peter Albright to Betsey Fink. December 12, 1817.
Peter (his X mark) Albright and John Albright ( ?). (Milo
A. Giles.)
Shadrach Aytcheson to Lydia Orrel. January 6, 1818.
Shadrach Aytcheson and Wm. Aytcheson. (R. Powell.)
Riley Aytcheson to Mary Black. January 22, 1814 (or
'18). Riley (his X mark) Aytcheson and Silas (his X mark)
Aytcheson. (Jno. R. Palmer, Saml. Jones.)
Jacob Agner to Betsey Waller. January 28, 1818. Jacob
(his X mark) Agner and george Waller ( ? ). (Jno. Giles.)
Jacob Allen to Barbary Balance. October 31, 1818. Ja-
cob Allen and Robert McClamrock. (R. Powell.)
Jeremiah Airey to Christena EDer. March 25, 1819.
Jeremiah Airy and Abraham Airey ( ?). (Jno. Giles.)
Wm. Adams to Elizabeth Hall. September 2, 1819. Wm.
Adams and John Tomlinson. (R. Powell.)
Stephen Allen to Sally Deever. December 26, 1819.
Stephen Allen and Samuel Smith. (R. Powell.)
John Area to Mary Redwine. March 23, 1820. John
Area and Peter Arey. (No name.)
Andrew Allison to Jane Knox. February 4, 1820. An-
drew Allison and Richard Gillespie. (Jno. Giles.)
William Albertson to Margaret Elliott. January 16, 1820.
William Albertson and Shadrack M. Gevandan. (L. Hunt.)
Henry Albright to Christena Kesler. April 24, 1820.
Henry Albright and John Albright. (Hy [ ? ] Giles.)
Lazerus Apling to Susana Hill. May 8, 1820. Lazerus
(his X mark) Apling and Reuben Johnson. (J. Willson.)
Jeremiah Akels to Elizabeth Johnson. August 3, 1820.
Jeremiah eakels and James (his X mark) Johnson. (No
name.)
James Adderton to Martha Parker. August 15, 1820.
James Adderton and Barham Parker. (Jno. Giles.)
Digitized by VjOOQ IC
INFORMATION
Concerning the Patriotic Society
*'Dau|(hten qf the Revolution'
The General Society was founded October 11, 1890,— and organised
August 20, 1891,— under the name of "Daughters of the American
Reyolution"; was incorporated under the laws of the State of New York
as an organization national in its work and purpose. Some of the mem-
bers of this organization becoming dissatisfied with the terms of en-
trance, withdrew from it and, in 1891, formed under the slightly differ-
ing name "Daughters of the Revolution," eligibility to which from the
moment of its existence has been Imeal descent from an ancestor who
rendered patriotic service during the War of Independence.
"" Tie North Carolina Society ^
a subdivision of the General Society, was organized in October, 1896,
and has continued to promote the purposes of its institution and to
observe the Ck>nstitution and By-Laws.
Membership and Qualifications
Any woman shall be eligible who is above the age of eighteen years,
of good character, and a Uneal descendant of an ancestor who (1) was
a signer of the Declaration of Independence, a member of the Ck>nti-
nental Ck>ngress, Legislature or General Court, of any of the Colonies
or States; or (2) rendered civil, military or naval service under the
authority of any of the thirteen Colonies, or of the Continental Con-
gress; or (3) by service rendered during the War of the Revolution
became liable to the penalty of treason against the government of Great
Britain: Provided, that such ancestor always remained loyal to the
cause of American Independence.
The chief work of the North Carolina Society for the past eight years
has been the publication of the ''North Carolina Booklet," a quarterly
publication on great events in North Carolina history — Colonial and
Revolutionary. $1.00 per year. It will continue to extend its work and
to spread the knowledge of its History and Biography in other States.
This Society has its headquarters in Raleigh, N. C, Room 411, Caro-
lina Trust Company Building, 232 Fayetteville Street
1
Digitized by VjOOQ IC
CrfM^
)«
i
ti
Vol. XL
OCTOBER, 1911
No. 2
Ihe
NorIrK Carolina Booklet
GREAT EVENTS
IN
NORTH CAROLINA
HISTORY
PUBLISHED QUARTERLY
BY
THE NORTH CAROLINA SOCIETY
DAUGHTERS of the REVOLUTION
RALEIGH, N, C
CONTENTS
Pate
Roanoke liiland ._-... 73
By Judge Waller Clark
How Can Interest be Aroused in the Study of the History
of North Carolina? - - - - 82
By Judge Walter Clark
Kill Devil Hill 99
By Jaquei Busbee
Career of General James Hogun, One of North Carolina's
Revolutionary Officers .... 105
By Chief Justice Walter Clark
A Forgotten Law - - 111
By CbJef Justice^VaUer Clark
Historic Homes. Part V: Welcome - - 115
By Annie Lane Devereux
Rowan County Wills and Marriage Bonds - - 117
By Mr*. M. G. McCobbioi
Resolutions of Respect to the Memory of Mrs. Helen
DeBeroitre Hooper Wilk * - • • 131
SINGLE NUMBERS 35 CENTS
$1.00 THE YEAR
KNTERRD IW THK POHT OFFICE AT KALEIOH, N. i\. AS SKCONIi-C'LASS IfATTSft.
DiQitizedbyGoOQle . i
The North CaroHna Booklet
Great Events in North Carolina History
Volume XI of The Booklkt will be issued quarterly by the North
Carolina Society, Daughters of the Revolution, beginning July, 1911.
'i'HE Booklet will be published in July, October, January and April.
Pric« $1.00 per year, li5 centH for single copy.
Editor :
Miss Mary Billiard Hinton. •
VOLUME XI
Why North Carolina Was Opposed to Secession . . . ,Maj<yr W. A. Uraham
Folk Songs of North Carolina Frofeasor John A. Lomax
Revolutionary Government of North Carolina, 1775-
1776 Mr. T, M. Pittman
The History of Halifax County. Chief Justice Walter Clark
Early Physicians of Albemarle Dr, Richard Diliard
Surgeons and Physicians of the Civil War Dr. Hubert Royster
News, Travel and Transportation — Pre-Railroad
Era Dr. Charles Lee Smith
The History of Rowan County
This list of subjects may be changed, as circumstances sometimes pre-
vent the writers from keeping their engagements.
The histories of the separate counties will in the future be a special
feature of The Booklet. When necessary, an entire issue will be de-
voted to a paper on one county.
The Booklet will print abstracts of wills prior to 1800, as sources of
biography, history and genealogy. Mrs. M. G. McCubbins will con-
tribute abstracts of wills and marriage bonds in Rowan County to the
coining volume.
Mrs. E. E. MoflStt has consented to edit the Biographical Sketches
hereafter.
Address
Miss MARY HILUARB HINTON,
"Midway Plantation,"
Raleigh, N. C.
Digitized by
Google
Vol. XI OCTOBER. 1911 No. 2
floHTH CilROIilflfl BoOKIiET
*^ Carolina! Carolina! Heaven^ s blessings attend her !
While we live we will cherish^ protect and defend her,*^
Published by
THE NORTH CAROLINA SOCIETY
DAUGHTERS OF THE REVOLUTION
The object of the Booklet is to aid in developing and preserving
North Carolina History. The proceeds arising from its publication
will be devoted to patriotic purposes. Editob.
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ADVISORY BOARD OF THE NORTH CAROLINA BOOKLET
Mbs. Hubebt Haywood. Miss Martha Helen Hatwood.
Mrs. E. E. Moffitt. Dr. Richard Dillard.
Mrs. Spier Whitakbb. Dr. Kemp P. Battle.
Mr. R. D. W. Connor. Mr. James Sprunt.
Dr. D. H. Hill. Mr. Marshall DeLancet Hatwood.
Dr. E. W. Sikes. Chief Justice Walter Clark.
Mr. W. J. Peele. Major W. A. Graham.
Miss Adelaide L. Fries. Dr. Charles T.mc Smith.
EDITOR:
Miss Mart Hilliard Hinton.
OFFICERS OF THE NORTH CAROLINA SOCIETY
DAUGHTERS OF THE REVOLUTION 1910-1912
regent:
Miss MARY HILLIARD HINTON.
YICE'REQENT *
Miss DUNCAN CAMERON WINSTON.
HONORART REGENTS:
Mrs. SPIER WHITAKER.
Mrs. E. E. MOFFITT.
RECORDING SECRETART:
Mrs. CLARENCE JOHNSON.
CORRESPONDING SECRETART:
Mrs. PAUL H. LEE.
TREASURER:
Mrs. frank SHERWOOD.
REGISTRAR :
Mrs. JOSEPH CHESHIRE WEBB, Jr.
CUSTODIAN OP RELICS:
Mrs. JOHN E. RAY.
CHAPTER REGENTS
Bloomsbury Chapter Mrs. Hubert Hatwood, Regent.
Penelope Barker Chapter Mrs. Patrick Matthew, Regent.
Sir Walter Raleigh Chapter,
Miss Catherine F. Setton Albeetson, Regent.
DeGraffenried Chapter Mrs. Charles Slover Holuster, Regent.
Founder of the North Carolina Societt and Regent 1896-1902:
Mrs. spier WHITAKER.
Regent 1902:
Mrs. D. H. HILL, Sr.»
Regent 1902-1906:
Mrs. THOMAS K. BRUNER.
Regent 1906-1910:
Mrs. E. E. MOFFITT.
*Dled December 12, 1904.
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Chicp Justice op thc Suprcmc Court of North Carolina
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*«n2':»l
THE NORTH CAROLINA BOOKLET
Vol. XI OCTOBER, 1911 .No. 2
ROANOKE ISLAND*
Standing on the Aventine hill, by the banks of the Tiber,
we can still behold the cradle of the great Eoman people, the
beginning of that imperial race which for centuries held in
its control the entire civilized world of their day and whose
laws, whose feat of arms, whose thought, have profoundly im-
pressed all succeeding ages.
HEBE BBOAN THE GREATEST MOVEMENT OF THE AGES.
Standing here we see the spot where first began on this con-
tinent the great race which in the New World in three hun-
dred years has far surpassed in extent of dominion, in
population and power the greatest race known to the Old.
Farther than the imperial eagles ever flew, over more men
than its dominion ever swayed, with wealth which dwarfs its
boasted treasures, and intelligence and capacity unknown to
its rulers, this new race in three centuries has covered a con-
tinent, crossed great rivers, built great cities, tunneled moun-
tains, traversed great plains, scaled mountain ranges and
halting but for a moment on the shores of a vaster ocean, has
already annexed a thousand islands and faces the shores of a
Western continent so distant that we call it the East.
We do well to come here to visit the spot where this great
movement began. It was one of the great epochs of all his-
tory. Here, 36 years before the landing of the Pilgrims at
Plymouth Rock; here, 23 years before John Smith and
Jamestown, in the year 1584, the first English keel grated
*AddTM8 of JudsB Walter Clark at meeting inaugurated by the State literary and
HMtorieal AaMciation, Mantto, N. C. , M July. 1002.
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74 THE NORTH CABOLINA BOOKLET.
on the shores of what is now the United States. Here the
greatest movement of the ages began, which has completed
the circuit of the globe. For thousands of years, God in
His wisdom had hidden this land behind the billows till
His appointed time, and in Europe and Asia millions had
fought and perished for the possession of narrow lands. The
human intellect had been dwarfed with the dimensions of
its prison house. In due season Copernicus gauged the
heavens, revealing countless worlds beyond our grasp, and
Columbus almost at the same time unveiled this tangible
world beyond the Atlantic. Stunned, dazed, the mind of
man slowly realized the broadened vision unrolled before it.
Since then the energies of the human intellect have steadily
expanded, and thought has widened with the process of every
Bun.
Here broke the spray of the first wave of Saxon popula-
tion and now westward across the continent to the utmost
verge and beyond it, there rolls a human sea. Three cen-
turies have done this.
About this very date Amidas and Barlowe landed here, for
on July 4, a day doubly memorable on these shores, they
descried land and sailing up the coast 120 miles they en-
tered with their two small vessels through an inlet, probably
now closed. Proceeding further they came abreast of this
island, where they landed and were hospitably received.
WHAT WONDROUS CHANGES.
Nature remains unaltered. As on that July day, of the
long ago, earth, air and sky and sea remain the same. The
same blue arch bends above us. The same restless ocean
rolls. The same sun shines brightly down. The same balmy
breezes breathe soft and low. The same headlands jut out to
meet the waves. The same bays lie open to shelter the com-
ing vessels. The trees, the foliage, the landmarks, would all
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ROANOKE ISLAND. 75
be recognized by the sea-worn wanderers of that memorable
day. But as to what is due to man, how altered 1
To the westward, where the Indian paddled his light canoe
on great rivers, innumerable vessels, moved by the energies
of steam, plow the waters, freighted with the product of
every industry and the produce of every clime. Where the
smoke of the lonely wigwam rose, now the roar of great
cities fills the ear and the blaze of electric lights reddens the
sky. Where then amid vast solitudes the war-whoop re-
sounded, boding death and torture, now rise a thousand
steeples and anthems to the Prince of Peace float upon the
air. Where the plumed and painted warrior stealthily trod
the narrow war path, mighty engines rush. Where a few
thousand naked savages miserably starved and fought and
perished, near one hundred millions of the foremost people
of all the world live and prosper. Three short centuries have
seen this done.
OUB CONTRIBUTION TO EUROPE.
Looking eastward the ocean rolls unchanged, but not as
then to be crossed only after two or three months of voyage.
Already a week suffices for its passage and across its waves
even now messages flash without the medium of wires. Be-
yond its shores is also a new world. When the first expedi-
tion landed here, the Turk was threatening Vienna, and the
Spaniard was asserting his right to bum and pillage in Hol-
land. The fires of the Inquisition burned in Spain and Bel-
gium. France, sunk to a second-class power, grovelled be-
neath the rule of one of the most worthless of its many
worthless kings, the third Henry — ^while England, the Eng-
land of Drake and Raleigh, of Shakespeare and Bacon, and
of Elizabeth, already lay beneath the growing shadow of the
Armada, whose success threatened the extinction of English
liberty and of the Protestant religion. Russia was then a
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76 THE NOBTH CABOLINA BOOKLET.
small collection of barbarous tribes, and Germany and Italy,
not yet nations, were mere geographical expressions. Con-
trast that with the Europe of today. The change is barely
less startling there than on this side of the water.
The change has been greatly due to the reflex action from
this side. Civilization has been and is on the steady increase
in the betterment of the masses. The leaders of thought,
Shakespeare, Bacon, Michael Angelo, Dante, Petrarch, the
painters, the sculptors, the statesmen, were as great then as
since. The difference is in the masses. Then they were de-
graded, disregarded, beaten with many stripes, dying like
animals after living like brutes ; today they have a voice in
every government and are beginning more fully to perceive
that they have unlimited power which they can use for their
own advancement and the betterment of their material sur-
roundings.
The change started here when a new race began, without
feudal burdens and amid the breadth and freedom of un-
trammeled nature. With new paths to tread, new roads to
make, new rivers to travel, new cities to build, men began to
think new thoughts and to add to the freedom of nature the
liberty of speech and of action.
WHERE THE SHACKLES OF THE AGES WERE BROKEN.
Well do we come here to visit the spot where the shackles
of the ages were broken, precedents forgotten and where
man first began to stand upright in the likeness in which
God had made him.
Naught tells more forcibly the depression in which the
minds of the men of that day were held than the fact that
the hardy English mariners, the descendants of the Vikings
of old, delayed nearly a century after Columbus had dis-
covered the New World before the foot of an Anglo-Saxon
had trod the shores of North America, From the discovery
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BOANOKB ISLAND. 77
in 1492 to the first landing here in 1584 and the first per-
manent bnt feeble settlement at Jamestown in 1607 was a
long time. Could another new continent such as this be dis-
covered in 3,000 miles of London today, not as many hours
would elapse as our ancestors of three centuries ago per-
mitted years to pass, before the English race would land on
its shores. In 1520 Cortez led the Spaniards to the Plateau
of Mexico and subverted an empire. Yet 65 years more
passed before Amidas and Barlowe led the first English ex-
pedition to land on this continent.
Not only were men's minds enthralled by governments
which existed solely for the benefit of the few, but the condi-
tion of the upper classes was only in degree better than that
of the poorer. Coffee, sugar, tobacco, potatoes and other
articles of common use by the poorest today were unknown.
Queen Elizabeth herself lived on beer and beef, and forks
being unknown that haughty lady ate with her fingers, as did
Shakespeare, Raleigh and Bacon. Articles of the commonest
use and necessity in the dwellings of the poorest now, were
then not to be obtained in the palaces of kings. Carpets
were absent in the proudest palaces and on the fresh strewn
rushes beneath their tables princes and kings threw the bones
and broken meats from their feasts. Religion was to most
a gross superstition, law was a jargon and barbarous, and
medicine the vilest quackery. Just in proportion as the
masses have been educated, as freedom has been won by
them, as their rights have been considered, the world has
advanced in civilization and in material well being.
Unlike the founding of Rome, where the seat of Empire
abode by its cradle, no great cities arose here at Roanoke
Island, at Jamestown nor at Plymouth. The new move-
ment begun here was not for empire but for the people, and
it has advanced and spread in all directions.
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78 THE NOETH CABOLINA BOOKLET.
THE GREAT DANGER TODAY.
In 1820 Daniel Webster delivered a memorable oration
at the anniversary of the landing at Plymouth Rock. In
that speech he prophesied that our free government could
stand only so long as there was a tolerable equality in the
division of property. What would he say could he stand
here today and count over the names of those possessed of
$20,000,000, of $50,000,000, of $100,000,000, even of more
than $200,000,000 and name over the great trusts and cor-
porations who levy taxes and contributions at their own will,
greater than those exacted for all the purposes of govern-
ment? He instances that when the great monasteries and
other church corporations under the Tudors threatened Eng-
lish prosperity the eighth Henry confiscated their property
(as has been done in our day by Mexico and other Latin
countries) and redistributed their accumulations. He might
have added that when the new conmiercial monopolies under
his daughter Elizabeth bade fair to take the place of the
suppressed ecclesiastical foundations in recreating inequal-
ity, the Commons called on her to pause and that haughty,
unbending sovereign had the common sense to save her
throne by yielding.
Mr. Webster also utilized the occasion to point to the fact
that in France by her exemption of nobles and priests from
taxation, property had gravitated into their hands till the
wild orgy of revolution had retransferred it to the people
and he prophesied that the new law in that country which
by restricting the right to will property had prevented its
accumulation into a few hands would inevitably destroy the
restored monarchy and rebuild the republic. His prophecy
has come true.
The great expounder of the constitution was right. Power
goes with those who own the property of the country. When
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SIR WALTER RAIJr:iGH
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BOANOEE ISLAND. 79
property is widely distributed and a fair share of the com-
forts of life are equally in the reach of all, a country will re-
main a republic. When property, by whatever agency, be-
comes concentrated in a few hands, a change is impending.
Either the few holders will bring in, as he stated, an army
that will change the government to a monarchy, or revolu-
tion will force a redistribution as in England and France.
That has been the lesson of history.
In this day, of wider intelligence and general education,
let us hope and believe that there is a third way, hitherto un-
known in practice, and that by the operation of just and
wiser laws enacted by the sovereignty of the people, a more
just and equal distribution of wealth will follow and the
enjoyment of material well being will be more generally dif-
fused among the masses. All power is derived from and be-
longs to the people and should be used solely for their good.
This is the fundamental teaching of the institutions which
begin their record from the landing of the Anglo-Saxon race
on these shores, a landing which was first made at this spot.
Had I the ability of Mr. Webster, could I speak with his
authority, I might point out as he did the great danger of
the accumulation of wealth in a few hands, and might fore-
see and foretell the remedies which a great, a wise and an
all-powerful people will apply. But I shall not follow in the
path which he has trod, hand passibus equis.
Let us not forget on this occasion that to this island be-
longs the distinguished honor of being the birthplace of the
first American girl. It is the Eden from which she sprung.
She had no predecessor and remains without a model and
without a rival. In that first Eden man was the first ar-
rival and the garden was a failure. Here the girl was the
first arrival and the boys have followed her ever since. Ap-
propriately she bore the name of Dare, and daring, delight-
ful, her successors have been ever since. We do well, were
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80 THE NOBTH CABOUNA BOOKLET.
we to come here solely to do honor to the memory of the first
American girl, this finished, superlative product of her sex
and of these later ages.
NOBTH CABOLINA'b FUTUBE.
When the first expedition landed here there were, it i&
estimated, in the bounds of the present State of North Caro-
lina, 20,000 Indians, earning a precarious living by fishing
and hunting and spending their miserable lives in slaying
and torturing one another. Today we have near 2,000,000
of the foremost race of all the world, living in peace and
order. Could I, like Mr. Webster in his Plymouth Rock
oration, prophesy as to the future — 100 years hence — I
should predict a still greater change. I should say that with
the same rate of increase North Carolina will then have
6,000,000 of people and that cities of 100,000 inhabitants
will be numbered by the score; that every village will be
connected with its neighbor by electric roads, for steam will
have ceased to be a motive power; that education vtIII be
universal and poverty unknown ; that every swamp will have
been drained to become the seat of happy homes ; that every
river will be deepened and straightened; that public works
operated for the benefit of the people and not for the enrich-
ment of a few, vtIU bring comforts and conveniences, now
unknown, to the most distant fireside; that the hours of
labor will be shortened ; that the toil of agriculture will be
done by machinery and that irrigation will have banished
droughts; that the advance of medicine, already the most
progressive science among us, vnll have practically abolished
all diseases save that of old age; that simpler laws and an
elevated and all powerful public opinion vTill have minim-
ized crime and reduced the volume of litigation; that re-
ligion less sectarian and disputatious about creeds and forms
will be a practical exemplification of that love of fellow man
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BOANOKS ISLAND. 81
which was typified by its divine founder; that every toiler
with brains or with hand will prosper and that under juster
laws the only inequality in wealth or condition will be that
due to the difference in the energy, efforts and natural gifts
of each possessor.
This is but the first of many successive celebrations of the
landing here and if these feeble, fugitive words shall be pre-
served to that distant day the speaker who shall read them
to a vast audience gathered here will either justify the
prophecy or at least he will say, "In the interest of the hap-
piness of the human race, they ought to have come true.''
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82 THE NORTH CAROLINA BOOKLET.
HOW CAN INTEREST BE AROUSED IN THE
STUDY OF THE HISTORY OF
NORTH CAROLINA?*
Those of you who at dawn have rocked on the restless
deep know that when the great sun lifts himself upon the
horizon a breeze always springs up and with the new light a
new breath from heaven walks upon the face of the waters.
So in North Carolina as the doors swing wide open to the
coming Twentieth Century, we feel that a new spirit is mov-
ing upon the face of the land. A new epoch is at hand. Uni-
versal education must soon come and with it will come the un-
told development of our resources and of the energies of our
people. We feel that farther west than the fabled island
of Atlantis, this land of North Carolina is rising into the
sunlight of a grander and a more perfect day.
To no other agency is so much credit due for this great
movement as to this Association. Though I believe this is
only the eighteenth annual meeting of your body, you have
in these seventeen years completely revolutionized public
sentiment in this State upon the subject of public schools.
The beautiful words of Barry Yelverton, Lord Avonmore, on
another subject, can with justice be applied to you in connec-
tion with the public school system of this State: "You
found it a skeleton and you have clothed it with life, color
and complexion; you have embraced the cold statue and at
your touch it has grown into youth, beauty and vigor." In-
stead of being barely tolerated, our public schools are now
deemed of the first necessity and no public man and no re-
spectable section of society dare oppose them. They are be-
coming our pride and the only real question is so to readjust
taxation that a sum adequate to their just and proper sup-
port shall be laid upon those best able to bear it.
•Address by Judge Walter Qark, President of N. C. Ldterary and Hlstortoal Society,
before the Teachers' Assembly, Wrightsville, N. C, 12 June, 1001.
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HOW CAN INTEREST BE AROUSED ? 83
You are to be congratulated upon the $200,000 appro-
priated from the general fund, which is due to your efforts.
Though inadequate, it is an installment upon the pledges
made for the education of the children. It is also significant
of the growth in public sentiment that every election this
spring upon the subject of graded schools has been favorable
and indeed in some places unanimous.
The North Carolina Literary and Historical Association,
though organized only last fall, has been, I am proud to say,
as I have the honor to be its president, of some assistance
to you in this great work. It was in one of our meetings
that the plan of public school libraries was formulated.
The draft of the bill as originally suggested by Professor
Grimsley was with some amendments adopted by the Gen-
eral Assembly, having been ably and eloquently championed
by Senator H. S. Ward and other progressive and public
spirited members.
Though now limited to six school districts in each county
with a library of $30 each, this is a good beginning. It will
not be long before the library will be extended to every school
district in the State, and the appropriation for each library
will be increased.
The subject you have assigned me, "How to Encourage
the Study of the History of North Carolina,'^ struck me with
surprise. It is related of the great Hannibal that a certain
philosopher undertook to point out to him the defects in his
system of strategy, with possibly some criticism of his lin-
gering so long around Capua. The old warrior listened with
such interest that some one ventured to ask him afterwards
what he thought of the philosopher, '^hy," he said, *Tie
had such cheek I was boimd to listen to see what he would
say next" I do not understand why I have been selected to
talk of war in the presence of so many Hannibals — ^if some
one present who is skilled in the Punic tongue will tell me
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84 THE NORTH CAROLINA BOOKLET,
the feminine for Hannibal — ^I will add in the presence of so
many Hannibals and lady Hannibals. I can only account
for it upon the popular superstition, which is entirely un-
founded, that a lawyer's cheek is equal to anything. It is so
hard for a superstition to die out !
The first requisite for the encouragement of the study of
history is a sufficient school term and suitable school houses
in which it may be taught First "catch your rabbit" pre-
cedes all directions as to how to cook him. With the present
school term of little over three months there is not much time
for more than the "three R's." All declamation and ora-
tory in favor of longer terms, and all pledges of "education
for all the children," are worse than idle unless there is suffi-
cient revenue for the support of the schools.
Your Association has created and directed the public sen-
timent which is now almost unanimously in favor of an effi-
cient system of public schools. What is needed now is the
financial ability which shall draft and enact a modem up-to-
date system of taxation which shall raise the necessary funds
by the readjustment of the burdens in accordance with
modem conditions. It is idle to talk about a nine months'
term with the appropriations now available. More money
must be had, and a great deal more. It can not be raised
by increasing the tax upon land and merchandise, the crude
mediaeval system which is still so largely in vogue among us.
The farmer's business is not prosperous. You can not add
to his burdens. Nor can the merchant, who now pays not
only a double tax but a threefold or fourfold tax, bear a
heavier burden. In the classic language of the day, "the
proposition is up to you."
Your able secretary, who for four years has been the effi-
cient superintendent of public schools, has in two reports
called the attention of the Legislature to a new source of rev-
enue, hitherto untouched, which he thought could most easily
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HOW CAN INTEREST BE AKOUSED t 85
contribute to the support of the public schools. The rail-
roads of this State collect as North Carolina's proportion of
their earnings annually over $16,000,000 of which more
than $6,000,00 is net profit. Not one dollar of this im-
mense revenue pays one cent of tribute to God nor CsBsar.
As they are owned almost entirely by nonresidents, these
great net revenues are carried out of the State, never to re-
turn, and thus to our permanent impoverishment.
Not in a spirit of hostility to them but in justice to all
other taxpayers, Mr. Mebane has called attention to the fact
that many other States were raising a large share of their
revenue from a tax on the gross earnings of corporations.
Illinois lays a tax of eight per cent upon the gross earnings
of the Illinois Central, and Governor Odell, of New York,
has recommended that all the revenues of that State should
be derived from that source alone, leaving the tax upon real
and personal property for county purposes. It has been sug-
gested that a tax of five per cent levied upon the $16,000,-
000 of railroad earnings in this State would raise $800,000
from that source alone which should be a sacred fund de-
voted solely to school purposes. The tax on the earnings of
other great corporations would raise this additional revenue
for school purposes to more than $1,000,000 annually.
It would not be seriously felt by the subjects of it, for while
a tax of five per cent on the $16,000,000 of gross earnings
is $800,000 yet as the net earnings of the railroads in North
Carolina are over $6,000,000 there would still be left them
$5,200,000 net revenue, which is thirteen per cent net in-
terest upon the $40,000,000 on which they are assessed as
the fair value of all their real and personal property in this
State. It would seem that they can well afford to pay $800,-
000 tax on gross earnings when after such payment there
will still be left them thirteen per cent net earnings upon
the actual value of their property. Every dollar of this sum
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86 THE NORTH CAROLINA BOOKLET,
will be needed before you can have an adequate school fund.
As Mr. Mebane said, where else can you get it from parties
who can so easily and justly pay it ? If there is any better
source let us find it. The schools must be supported by taxa-
tion.
In making this recommendation Mr. Mebane was but
following the examples set us by so many other States.
Think what $1,000,000 added to your school fund annually
in Xorth Carolina can do! What a real impetus it would
give to the cause of education !
Mr. Mebane's reconmiendation was eminently just, even
if it had required a constitutional amendment, but as long
as the franchise of the railroads was practically untaxed his
recommendation was not open to the objection that "no in-
come can be taxed when the property from which the income
is derived is taxed." Another provision to which lobbyists
favoring the exemption of the most profitable business in the
State did not call attention is in the same clause of the Con-
stitution and requires "all real and personal property to be
taxed according to its true value in money." This did not,
however, escape the General Assembly of 1901, which has
now provided (Ch. 7, Sees. 50 and 43) that the intangible
property, the franchise, shall be assessed by taking the aggre-
gate of the market value of the bonds and stocks of any rail-
road as its true value (which is necessarily so) and that de-
ducting therefrom the valuation of its assessed tangible prop-
erty, the difference is the value of the franchise. This is as
simple and unanswerable as a proposition in Euclid, and is
the method recognized by courts, financiers and "the public"
(as the statute says). As the market value of the bonds
and stocks of the portion of the railroads lying in this State
is known to be considerably over $150,000,000 and the as-
sessment of their other property to this time is only $42,-
000,000, it follows that over $108,000,000 is now added
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HOW CAN INTBEE8T BB AKOU8ED ? 87
from this hitherto untaxed source, which, on the ad valorem
basis, provided in the same statute, will add $720,000 an-
nual revenue. The act provides that it shall be in force from
its ratificaiion. If the operation of the act had been post-
poned, it would have been an exemption of this vast value
from taxation which the Legislature could not grant.
The same statute applies to other corporations and thus
the franchise tax will appropriate $800,000, the very sum
which Mr. Mebane proposed to raise by his tax on gross
earnings, but which is now to be raised in a method which
is beyond constitutional objection. The requirements of this
law are too plain to be misunderstood and we can not pre-
sume that there will be any failure to execute it.
Now, it is for you to procure the General Assembly to ap-
propriate this tax on franchises (in lieu of the proposed tax
on gross earnings) to the public schools. The watchfulness
of those interested in public education will thus be a check
upon the influence^ which by every device and subtlety will
endeavor to repeal or evade this tax.
Declamation is cheap. Words butter no parsnips. If
this people is to become an educated people it must be done
by levying an adequate tax which shall raise a school fund
sufficient for the purpose. Your assembly having started
the public sentiment which is now so overwhelmingly in
favor of public schools, you must now find the means — ^you
must indicate the source from which can be most justly and
easily raised by taxation a sum sufficient to educate all the
children of this State. If you mean to build up a really
efficient school system and not merely declaim about it; if,
in short, you mean business, you can not rest till an all
powerful public sentiment shall be aroused which shall send
to Raleigh a Legislature to vote the money, without which an
adequate school system is impossible.
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88 THE NORTH CABOLINA BOOKLBT.
The suggestion that the already underpaid public school
teachers shall each contribute two months', or one month's,
additional instruction without charge is unjust and unprece-
dented. They have no greater interest than others in public
instruction and have already done far more for it by work-
ing at inadequate wages. Suppose the suggestion were made
equitable and democratic, that all others should contribute
two months' work to the schools, that farmers, merchants,
doctors, preachers, lawyers, oflSce-holders and great corpora-
tions should contribute each their earnings for two months'
work ! If the teachers are to be called on let all others con-
tribute in the same proportion.
Instruction in history can of course be had in the Uni-
versity, in Trinity College, Wake Forest, Davidson, Elon,
Whitsett, Oak Ridge, Guilford College, and many another
whose equipment would do honor to larger and wealthier
States. The shortage is not there, but with those less fortun-
ate whose opportunities in life are to be found in the public
schools alone.
You must first catch your rabbit — ^you must first get suffi-
cient school terms and school houses and school teachers
whereby something more than the "three R's" can be taught
— then we reach the secondary stage — how to encourage the
study of the history of North Carolina.
The first consideration when you have the schools and the
leisure to teach history is, you must make it interesting to
the pupils. Articles, brief and striking, should be written
upon the most salient points of our history — cameos of his-
tory, so to speak. Something in that line has been done by
Mr. Creecy and Mr. W. C. Allen and some others. Such
gems well set will attract the boy or girl when grave com-
pilations like those of Dr. Hawks, Colonel Wheeler and
others vrill repel.
Then, if possible, the eye should be appealed to by paint-
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HOW CAN INTEREST BE ABOUSED t 89
ings and eDgravings. In every Massachusetts school book,
in every Massachusetts library and public building, you will
find engravings of the notable events in her history and of
the great men who have led her people on all great occa-
sions.
There you will find placed before the eye of childhood the
representation of the landing from the Mayflower upon that
rock bound coast in the depth of winter, the flight of the
British from Lexington, the death of Warren, the scenes in
her Indian wars, the pictures of Adams, of Hancock, and
Webster. What Massachusetts child ever forgets the native
land which produced such men or the spots where such events
occurred ?
They have the landing of the Pilgrims in 1520. What
North Carolina school room or public building impresses
upon the mind of childhood that other scene thirty-six years
earlier, when the first English settlement on this continent
was made upon our own shores at Roanoke Island? Not
amid the snows on a barren coast, as at Plymouth Rock, but
in the middle of a semi-tropical summer, with the great cy-
presses, hung with moss, as sentinels of the historic scene,
and the odors of Araby the blest wafted to the sea-worn
wanderers from the shores of this new land of hope and of
plenty.
In Massachusetts' books every striking scene in King Phil-
lip's war and in the Pequot war is not only recorded by the
pens of facile writers, but the painter's brush and the en-
graver's tool have faithfully preserved the features of each
locality and imagination has restored the features, the arms
and the dress of the actors in each stirring scene.
What pen or pencil or engraving or brush brings to the
plastic mind of our children the scenes of our own Indian
wars? There is that expedition by Governor Lane up the
Roanoke in search of the gold supposed to lie at its source.
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90 THE NORTH CABOLINA BOOKLET.
Between Hamilton and Williamston he was suddenly as-
sailed by flights of arrows and driven back. Had that hap-
pened on the headwaters of the Connecticut what vivid re-
productions we should have both by pen and engraving.
From above Hamilton to the mouth of the river the aspect
of the Boanoke flowing through an almost unbroken forest
is nearly the same today as it was on the day of the defeat
of that hardy expedition. The writer or painter who wishes
to portray that scene has today but to visit some stretches of
the lordly river as it flows amid eternal silence and through
unbroken forests to its mouth. He has but to draw true to
nature. There are the great trees, and the same solenm
silence unbroken save by the rippling of the river, the deer
on the banks, the startled water fowl, the wild flowers, the
same riotous magnificence of primeval nature. Let him
evoke from history and imagination the picture of the great
canoes filled with Englishmen slowly toiling up the stream,
their habits as they wore, their arms, their standards, the
savages half concealed on shore, the sudden flight of arrows.
This and more, faithfully written or sketched on the spot
and reproduced by printing press and the engraving stone,
would give the children of North Carolina an interest in
that event in the history of their State and a conception of
the conditions then existing here which they have never had.
Then there are the terrible scenes of massacre of our own
great Indian war of 1711, the march of the South Carolina
troops hundreds of miles through the trackless forest to our
aid and the storm and sack of the Indian fort at Nahucke in
1713, which finally broke the Indian power. Could our
children ever forget such scenes or fail to feel an interest in
them if presented to their minds by a graphic pen or appro-
priate engraving?
In Northern school books, so largely used among us, are
stirring narratives of the expedition to Louisburg and to
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HOW CAN INTBEBST BE ABOUSBD f 91
Canada, but where is the book which contains a reference,
much less a picturesque description or engraving, of the ear-
lier expedition of 1740 to South America, or the capture of
Havana in 1762, in both of which North Carolina had a
share?
Massachusetts books and Massachusetts school rooms bear
many an engraving of the stirring times when Patriots, dis-
guised as Indians, threw the tea into Boston harbor in 1773.
But where are the engravers or the writers who have iml)
pressed upon the minds of our children that scene when the
brave men under Waddell and Ashe, unmasked and bravely
in broad daylight in a few miles of this spot^ in 1766, eight
years before the Boston tea party, forbade Great Britain to
put her stamp act into execution in this Province or even to
land her stamps?
In painting and in bronze Massachusetts has preserved the
memory of the Attucks riot in Boston on the eve of the Eevo-
lution. On Boston Common the great memorial stands. But
wherci is our statuary, or our painting, or our engraving of
the battle of Alamance in 1771 ?
They have Paul Eevere's midnight ride to fame. Why
leave unsung that other ride from Charlotte to Philadelphia ?
Where, indeed is our painting of that grand scene for
which Massachusetts has no parallel — ^the meeting which is-
sued the immortal declaration of independence at Mecklen-
burg on the 20th of May, 1775 ?
They have immortalized by pen and pencil the defeat of
the Americans at Bunker Hill. Where and how have we
placed before admiring eyes the first victory for the Ameri-
can arms, which was achieved at Moore's Creek in February,
1776, that striking scene when the planks of the bridge be-
ing taken up, brave men crossed on the stringers amid the
fires of battle, as the Moslems tell us souls pass to paradise
over Al Siraf s arch, spanning by a single hair the flames
of hell?
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92 THE NORTH CABOLINA BOOKLET.
Pencil and brush and pen love to linger on the grand
scene when, on the 4th of July, 1776, the thirteen colonies
declared that they ought to be and were sovereign and inde-
pendent. But has anyone ever seen a similar picture of that
meeting of the Provincial Congress at Halifax on the 12th
of April, 1776, when the first resolution was passed by any
State instructing that other Congress at Philadelphia to do
what was done nearly three months later? Had we im-
pressed that by story, by statue or by stipple plate upon the
minds of our own people would a scholar like Senator Lodge
have forgotten it or ignored it in his study of those times ?
Brave men lived before Agamemnon, and brave men and
great men have lived, at least they did live in those times,
south of the Virginia line, but what have we done to per-
petuate their memories? In nearly every home in Massa-
chusetts hangs a portrait of John Hancock, or one of the
Adams; where is our Cornelius Harnett or Richard Cas-
well ? They have Warren, dying in defeat at Bunker Hill.
Where is our engraving of Nash, falling on the field of Ger-
man town ?
Like a silhouette the heroic figure of Hardy Murf ree, lead-
ing his forlorn hope of North Carolinians to the capture of
Stony Point on the Hudson, stands out against the sky line
of all history. But who has preserved the names of those
brave followers ; what engraving presents their immortal ac-
tion to our children ; what graphic pen has made this scene
a living one to our people? What North Carolinian can
claim that he is descended from those stormy petrels of vic-
tory, who piloted Anthony Wayne to eternal fame on the
summit of that ridge?
What has been said or sung or engraved as to the North
Carolina line, steady as the Old Guard of Napoleon itself, at
(Jermantown, at Monmouth, at Eutaw Springs, and on many
other fields?
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HOW CAN Uf TSBS8T BS ABOUSED ? 93
What school room in North Carolina has an engraving of
that event, unprecedented in history, when the volunteers of
a day, springing, like the clansmen of Eoderick Dhu, from
our mountain sides, self-organized, without muster rolls,
without impulse other than the defense of their little homes,
moved down like an avalanche upon the foe led by one of
the enemy's best oflBcers and bursting over the fiery crest of
King's Mountain broke forever Comwallis' hopes of suc-
cess?
And at a later date, where are our engravings of other
patriotic sons of North Carolina who would have been an
honor to any people?
It was Themistocles who declared that the trophies of Mil-
tiades would not allow him to sleep. The Israelites, when
they had passed over Jordan built twelve pillars that their
children's children might ask, "What mean these stones?"
that posterity being told the story of Israel's greatness in
war and the unity of the twelve tribes might bear it in re-
membrance for all ages. Where are our trophies, the proud
memorials of the great deeds of our ancestors, whose aspect
shall stir the hearts of aspiring youth to emulate them and
to repeat our Marathons on future fields? The tall shaft
on Bunker Hill still rises to greet the sun in his coming, and
on its summit the genius of Webster's grand oration will
linger as a halo forevermore. On every heroic spot in all
that land shaft, or sculpture, or inscribed tablet, records that
there man has died for man. But what of us ?
Of recent years, we have made a small beginning. A
crumbling monument to Governor Caswell, blasted by fire,
stands in the streets of Kinston ; a monument in the Capitol
square, facing the setting sun, recalls the already fading tra-
dition of the 126,000 soldiers who belted North Carolina
like a living wall in the grand days of 1861-'5; a bronze
statue of our great tribune of the people stands on the same
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94 THE KOBTH OABOLINA BOOKLET.
square^ appropriately facing the East^ for^ ever hopeful of
the progress and prosperity of the people he loved so well
and served so faithfully, he ever stood praying and hoping
for the dawn of a brighter day.
You are arousing this people as they have never be^i
aroused before to the needs of education. You propose to
educate them to the last boy and girl.
You propose to give them the increased capacity for learn-
ing, for enjoyment, for usefulness, which comes from educa-
tion. But what then ? Shall you lay before them histories
wherein Massachusetts, with some aid from one or two great
Virginians, conquered the British lion — ^books which repre-
sent no North Carolina historical event, and the features of
no great North Carolinian, in which our revolutionary his-
tory is a desert, with, perhaps a mild reference to the militia
at Guilford Court House, and in which our ante-revolution-
ary stone is a mere table of names ? Can you excite an in-
terest in the study of North Carolina's history by such books
as those ? Can you inspire any young Themistocles to emu-
late the deeds of Miltiades when the story of those deeds is
left untold ?
I will not touch upon the ground of the misrepresentations
of the events of 1861-'5. Public attention has been drawn
to that and probably a true story of those eventful years will
be laid before our children. But will it be interesting!'
Shall you give them the bare facts and a barren list of
names ? Where can better subjects be found for painter, for
sculptor, for graphic writing?
Take among so many a single incident. At New Bern
the battle* had gone sore against us. Four hundred soldiers
are cut off, with a pursuing enemy in the rear and an un-
fordable stream in front, the men in despair throwing their
arms into the water to prevent the enemy from getting them.
A single canoe is found carrying only eighteen men, there
* 14 Mar., 1802.
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HOW CAN INTBBEST BB ABOU8BD? 96
is danger of its being swamped in the mad rush, two young
oflScers,* both fresh from college, neither yet 21 years of age,
instead of saving themselves and pushing off to safety, take
their stand and count off from time to time eighteen men
who pass beneath their crossed sabres, till boat load after
boat load is ferried across. With immediate peril of Yankee
bullets and Yankee prison, they resolutely keep their guard
till every man is over and those two, the last to enter, float
across to friends and to freedom. What a picture for a
painter, for poet, for instructor ! How it would have been
emblazoned if told in Roman story by Livy, or by Macaulay
to match his stirring lines which tell
"How wen HoratiuB did keep the bridge
In the brave days of old."
But what audience in North Carolina this day can name
these two beardless boys who came of the race of heroes ?
And this incident is but one of hundreds showing that this
people of North Carolina is one which produces heroes and
men fit to command. If we do not sufficiently honor them
it is possibly because such deeds are not rare among us.
What pen or pencil can portray to the life the heroism
of the men whom Tyler Bennett, Frank Parker and George
B. Anderson were proud to stand beside in that "Bloody
Lane'* at Sharpsburg; of the men under Pettigrew, Low-
rance and Lane, who fell farthest in the front of the South-
em line at Gettysburg; the men, many of them fresh from
the plow and without a thought of heroism or fame, who,
like an averaging flame, swept down the broken lines at the
Salient, retaking and holding it against fearful odds; and
of those North Carolinians in the Seven Days' Fight Around
Richmond who left more than twice as many of their dead
and wounded upon the field as Virginia herself or any other
Southern State; the heroism of those brave men, from our
*W. A. Qraham and H. K. Burgwyn, at that time rwpeotlvely, Capt. Co. K. 2 N. C.
Cayalry, aod lieitt.-Col. M N. C. Reg't.
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96 THE NORTH CABOLINA BOOKLET.
mountains to the sea, who, with no other motive than their
duty, were first at Bethel and last at Appomattox, and who
at all times during those four long eventful years proved
themselves the peers of any troops that came against them or
that fought by their side ?
If you wish to encourage the study of the history of our
State, can you do better than to tell the deeds of such men,
plainly and simply, as befits the men who did them ? Can
the story be more needed ; can the teaching come better than
in these days, when worship of the dollar is growing and
when youths are taught that the greatest among men is not
he who sheds his life's blood for his fellow men at the call of
his country and duly, but rather he who gathers, by whatever
device, the greatest quantity of the product of the labor of
others into his own keeping?
"Ill fares the land to hastening ills a prey
Where wealth accumulates and men decay."
The State has a great history. Its people have shown
themselves equal to every call upon them and equal to every
occasion. But that history has not yet been presented as it
should be. To excite interest in its study we must make it
interesting. Tell it as it happened, its grand deeds, its he-
roic sufferings, its unvaunting performance of duty in the
face of every danger, its uncomplaining endurance of every
hardship. Paint its striking historical incidents by brush as
well as by pen; engrave them, hang them on the walls of
your school rooms, your libraries and your public buildings,
put them in your school books. Painter and historian have
recorded for the admiration of future ages that Sir Philip
Sidney, when wounded at Zutphen, refused a cup of water
for which he was perishing till a wounded private soldier
who needed it more than he could be supplied. But that in-
cident, and even greater self-denial, can be related of many
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HOW CAN INTEREST BE ABOUSBD ? 97
an unlettered North Carolina soldier who had never heard
of Sir Philip or of Zutphen, but in whose veins ran the blood
of heroes and whose courage is an inheritance from cen-
turies of brave ancestors of the purest Anglo-Saxon stock
on the continent
To sum up^ ladies and gentlemen, North Carolina has a
history that is worth the telling and which, when truly told,
will interest. It is a brave story of a people who from the
first founding of the colony would brook no tyranny and who
intended from the first that no one should govern them but
themselves; the story of a brave, self -relying, liberty loving
people.
Then tell the story in an interesting manner. Let the
pens of your best writers record it in their most entertaining
manner, but plainly and simply as accords with the charac-
ter of our people, whose unpretentious nature is summed up
in their proud motto: "Esse Quam Videri/* for in very
truth no people can better say in the words of the great
Dictator to Sir Peter Lely, "Paint me as I am." Like a
beautiful woman, their story, when unadorned, is adorned
the most.
Then, with an interesting history interestingly told, what
more is needed ? You need a wider audience. Educate the
masses. Create in them an intelligent interest in their sur-
roundings and in their history. Make it attractive by short
stories attractively told. Appeal to the eye by paintings and
engravings. Let the State add, when it can, sculpture and
statuary.
This Rome, Greece, England, France have done. This
the States north of us have done, preeminently the great edu-
cational State of Massachusetts. The means by which other
States and countries have created an interest in their history
are the means to which we must resort for the like purpose.
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98 THE NORTH CABOLINA BOOEXBT.
And none of them have a better foundation upon which to
build.
In the language of the poet-priest of the South:
"Giye me the land that is blessed by the dust.
And bright with the deeds of the down-trodden just.
Tes, give me the land where the battle's red blast
Has flashed to the future the fame of the past;
Tes, glye me the land that hath legends and lays
That tell of the memories of long vanished days;
Tes, give me the land that hath story and song!
Enshrine the strife of the right with the wrong!
Tes, give me the land with a grave in each spot.
And names in the graves that shall not he forgot.**
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KILL DEVn. HILL 09
KILL DEVIL HILL
BY JAQUBS BU8BEE
At sunrise it floats in the mist like the diaphanous pink
ghost of a hill. To stand upon it in the blinding glare of
noon it is vastly more illusive — the luminous sands under
your feet seeming more unreal than the remote edges cutting
sharp against the deep blue sky. Even on stillest days upon
the beach, the sand on the summit is ever blowing, blurring
the edges with a film like heat radiations — ^piling up the hill
in a great crescent with horns outstretched to leeward from
the prevailing northeast winds.
And this vast pile of sand, hard on the windward, soft on
the leeward side, is ever moving towards the southwest at the
rate of two or three feet a year.
From the summit the view thrills with its far-stretched
beauty. Three quarters of a mile to the east, across the
coarse beach grass, is the boundless Atlantic; north, on the
trembling distance is another great sand hill fifteen miles
away — Paul Gamel's Hill ; south, the view is splendid with
the gleaming expanse of the fresh pond (a scant mile from
the surf) hemmed in on its western shore by the dark mys-
terious Nagshead woods and the JNTagshead sand hills be-
yond. But to the west unfolds the view of views.
The north end of Boanoke Island, on which stands Fort
Raleigh, stretches across the southwest. Eoanoke Sound is
divided from Kitty Hawk Bay by CoUington Island (named
for Lord Colleton, one of the Lords Proprietors), and
far to the northwest on the dim horizon is Powell's Point.
Between Powell's Point and Kitty Hawk is the entrance to
Currituck Sound.
Three hundred and twenty odd years ago this same view
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100 THE NORTH CAROLINA BOOKLET
burst upon the astonished sight of Amidas and Barlowe.
For after anchoring in the inlet, which was Kitty Hawk
Bay extended through the banks to the ocean, afterwards
closed by the great storm of 1696, named Trinity Harbor by
these first English to set foot in North Carolina, they ran to
the top of the nearest sand hill on the south of the inlet to
view the country. They beheld the sea on both sides "finding
no end any of both ways." They shot off their harquebus
shots "and such a flock of cranes for the most part white"
arose under them "with such a cry redoubled by many echoes,
as if an army of men had shouted all together."
Standing on the top of Kill Devil Hill today, the same
view unfolds itself; the green-blue Atlantic to the east; the
violet-blue sounds to the west; the brilliant marsh grasses,
the golden sand hills, the dark dense woods, and flocks of
herons "for the most part white" ; the whole vast panorama
blue — vivid blue from sky and sea and the reflections of
myriad pools upon the beach.
Just where Amidas and Barlowe landed is an always dis-
puted point. Barlowe's narrative, with its quaint old Eng-
lish wording, leaves the inquirer in greater doubt than if
he took the word of any one of the many historians each of
whom chose for himself the inlet which suited him best. But
language, says Talleyrand, is a gloriously uncertain vehicle,
invented to conceal thought
So turn to John White's map, or rather, bird's eye view of
this "coming of the English." Now a picture can mean only
one thing. This picture shows a boat with eight men in it,
sailing towards Roanoke Island from the northeast. The dis-
tance from the inlet where the two vessels were anchored
to Roanoke was recorded by them as seven leagues. Al-
though the distance by water from Kitty Hawk Bay to
Roanoke is not as much as seven leagues, old Currituck in-
let is much too far north and old Roanoke inlet is not far
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KILL DEVIL HILL 101
enough north — ^for who can believe those early explorers
were very accurate measures of distance? An inlet through
the banks at Kitty Hawk Bay comes much nearer fitting
both the account and picture than any other inlet indicated.
One thing, however, is certain and that is, an inlet once
pierced the banks nearly opposite the pressure of Albemarle
Sound waters. Along the shores of Kitty Hawk and the
opposite shores of CoUington Islands are undeniable evi-
dences that the present fresh waters of the bay were once
salt. Great mounds of oyster shells or "Indian Kitchens'*
line the shores. Indian relics are scattered here and there
and are often "blowing out." Within the memory of living
men the ocean beach curved in at a point opposite the bay
to such an extent that small vessels could find in it a partial
haven.
The fresh pond, a mile to the southward, was once con-
nected with this inlet; for old men remember their fathers'
statements that boats could be taken from the bay into this
land-locked harbor.
Kill Devil Hill stands a natural monument to mark this
old inlet of Trinity Harbor. Its sands have moved and
shifted and wasted away, but other sands have blown and
made up in their stead. Is it too much to hazard the belief
that the first English feet to climb its yielding slope were
the sailors' from Sir Walter Kaleigh's two little vessels an-
chored in the offing, and that upon its summit Amidas and
Barlowe unfurled the English flag?
Kill Devil Hill claims a present interest for two reasons ;
first, that from its crown (125 feet high) the Wright broth-
ers learned to fly; and second on account of the legend of
its name.
Hidden from the world at Kill Devil Hill the Wright
brothers labored secretly at the most wonderful success that
man has yet achieved. Over at Kitty Hawk, Mrs. W. J.
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102 THE NORTH CABOLINA BOOKLBT
Tate shows with pride her sewing machine on which she
stitched up the sails for this biplane, and at the foot of Kill
Devil Hill stands the "flying shed" which sheltered that mys-
terious bird. How Nagshead and Kitty Hawk woods
swarmed with reporters and kodaks when the Wrights' ex-
periments had reached the point of success, is all too recent
in the newspapers to need repetition.
But the legend of the name "Kill Devil" is too character-
istic of the banks, as they were long ago, to be lost; and
apocryphal though it may be, it deserves preservation. "In
days of yore and in times long gone before" there dwelt
upon the banks in the thick tangled woods of JNTagshead and
to the northward, a rude and primitive race of wreckers
and beach combers whose living came largely from the sea.
When God in His bounty was slow to drive vessels upon
the treacherous quicksands of the coast, the natives, in prom-
ising, stormy weather would hobble a bank pony, tie a lan-
tern about his neck and turn him out upon the beach.
The light bobbing up and down as the nag grazed, closely
simulated the lights on a vessel at sea. Long before
the days of light houses or life saving stations, when ves-
sels cleared some port never to be heard from again, the
bankers along this coast could have given information in
many instances had they chosen. The mystery of Theodosia
Burr Alston and the portrait of an aristocratic lady which
hung for many years in a Nagshead shanty, and which was
but recently identified, held a tragedy of the banks which
many writers have essayed-
But that is not the story of Kill Devil, Like most stories
of the banks, it begins with a wreck. A coastwise merchant^
man, laden with a valuable cargo, was driven upon the
reef and wrecked. The crew succeeded in reaching the
beach alive, and next day, the storm having much abated.
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KILL DEVIL HILL 103
most of the cargo was gotten through the surf and piled
upon the sand with a guard to watch it.
Towards midnight the guard sprang forward in wide
awake terror, to find the bale of goods upon which he was
sleeping detach itself from the pile and amble away across
the beach, to disappear in the woods beyond the big sand hill.
In a moment all hands were awake and regarding with
stupified horror the spot where a moment before the bale
had rested. No power but the Devil was capable of such a
thing, they all declared, and they cursed the fate which had
cast them upon such a coast. Two men were ordered to
watch for the remainder of the night.
It was just before dawn. Both men saw it with wide
open eyes. A large bale of goods broke loose from the pile
and went bounding over the sand, to disappear in the direc-
tion of the big sand hill. This was no night "head notion."
Daylight, however, restored quiet and these superstitious
sailors held a council. Of course it was the Devil. That
went without argument. But then, who could circumvent,
capture, or kill, the Devil ? Men were not inclined to watch
or even sleep near such a diabolical spot. At length one old
grizzly seadog offered to watch — alone if none had nerve
enough to watch with him. He feared not man, God, nor
Devil ; and if it was the Devil, he swore he'd kill him.
Until midnight this fearless one patrolled the beach alone,
keeping a close eye on the bales of goods so mysteriously)
diminished the night before. Finally he sat down for a
moment just to rest his legs. With a shock to consciousness,
he was startled to see a large bale of goods break loose from
the pile and start across the beach towards the big hill. In
an instant his gun was levelled on it, but what was there to
shoot ? So he ran after it as hard as he could, but it bounded
along just ahead with increasing speed. Then with a des-
perate effort he dashed forward between the fleeing bale and
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104 THE NORTH CAROLINA BOOKLIST
the sand hill, when he tripped and fell over a taut rope.
In an instant he was on his feet, and, taking aim along the
rope, he fired. The bale of goods stood still. Running along
by the rope, he saw, dimly silhouetted against the faintly
gleaming sand, a large, black object with what he took to be
two horns and a tail.
While he was reloading his gun this devilish thing began
again to move. He pulled the trigger. Immediately the
night was filled with a fearful noise, as the black object sank
to the ground and began to kick up the sand. Hushing up
to the foot of the hill, there he saw lying — the Devil, welter-
ing in blood? — an old beach pony with a rope tied to his
harness — ^the other end hooked to the bale of goods. But he
had in truth killed the Devil, for the pile of goods remained
untouched upon the beach till finally boated away. And so
that grandiose sand hill standing near the site of the old inlet
was ever after known as "Kill the Devil Hill."
Now as Shahrazad, perceiving the dawn of day, would
remark, 'Whether this be true or only legend is past find-
ing out, but Allah is all-knowing."
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GENEBAL JAMES HOOUI7. 105
CAREER OF GENERAL JAMES HOGUN, ONE
OF NORTH CAROLINA'S REVOLU-
TIONARY OFFICERS.
BY CHIEF JUSTICE WALTER CLARK.
!North Carolina in the Revolution furnished ten regiments
to the regular service — the Continental line. Five of the
Colonels of these became general oflBcers, the only Generals
North Carolina had in the regular service. They were Gen-
eral Robert Howe, who rose to be Major-General — our sole
Major-General — and four Brigadiers — General James
Moore, who died early in the war; General Francis Nash,
killed at Germantown and buried near the field of battle —
a brother of Governor Abner Nash; General Jethro Sum-
ner, and General James Hogun.
The lives and careers of the first three named are well
known. For some reason the data as to the last two have
been neglected. The Hon. Kemp P. Battle, by diligent
search in many quarters, was able to restore to us much in-
formation as to General Jethro Sumner, of Warren County,
and, indeed, to rehabilitate his memory. As to General
James Hogun, of Halifax County, the task was more diffi-
cult. Little has been known beyond the fact that he was
probably from Halifax County, and that he was a Brigadier-
General. The late Colonel William L. Saunders requested
the writer to investigate and preserve to posterity whatever
could now be rediscovered as to this brave officer.
It may be noted that North Carolina has not named a
county, or township, or village, in honor of either of the
four generals — Howe, Moore, Sumner, or Hogun. Moore
County was named in honor of Judge Alfred Moore, of the
United States Supreme Court. General Nash was the only
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106 THE NORTH CABOLINA BOOKLET.
one of the five thus honored, the county of Nash having been
formed in 1777, the year of General Nash's death at Ger-
mantown.
General James Hogun was born in Ireland, but the year
and place of his birth are unknovni. The name is spelt
Hogun, though usually in Ireland, where the name is not
uncommon, it is written Hogan — ^with an a. He removed
to Halifax County, in this State, and to the Scotland Neck
section of it. He married, October 3, 1751, Miss Ruth Nor-
fleet, of the well known family of that name. In the Pro-
vincial Congress, which met at Halifax, April 4, 1776, and
which framed our first State Constitution, James Hogun
was one of the delegates for Halifax County. He was ap-
pointed Paymaster in the Third Eegiment (Sunmer's), but
on 26 November, 1776, he was elected Colonel of the
Seventh North Carolina Regiment, and 6 December of that
year an election was ordered to fill the vacancy in Congress
caused thereby. Colonel Hogun marched northward with
the Seventh and Colonel Armstrong with the Eighth, and
both regiments arrived in time to take part in the battles of
Brandywine and Germantown. Colonel Sumner was ap-
pointed to fill the vacancy caused by the death of General
Francis Nash. For the vacancy caused by the promotion
of General Howe from Brigadier-General to Major-General,
our Legislature recommended Colonel Thomas Clark, of the
First Regiment; but General Washington stated that, while
not undervaluing Colonel Clark's services. Colonel Hogun
by his distinguished gallantry at Germantown, had earned
the promotion, and he was therefore elected and commis-
sioned a Brigadier-General 9 January, 1779, and contin-
ued to serve with the army at the north. When Charleston
was threatened, all of the North Carolina line which had
not previously gone south with General Lincoln, under Sum-
ner, was ordered to that point. Owing to losses, the North
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G£NEBAI« JAMES HOOUN. 107
Carolina regiments then North were consolidated into four,
and General Hogun was placed in command. At the head of
his brigade he passed through Halifax and Wilmington in
February, 1780, and took part in the memorable defense of
Charleston. When General Lincoln surrendered that city
on 12 May 1780, though he surrendered five thousand men,
only one thousand eight hundred of them were regular
troops, and the larger part of these were General Hogim's
North Carolina brigade. General Sumner, our other Brig-
adier, who had commanded that part of the North Carolina
line which was at Charleston before Greneral Hogun^s ar-
rival, was home on furlough, as were many oflScers that had
lost employment by the consolidation of the depleted com-
panies and regiments. With that exception. North Caro-
lina's entire force was lost to her at this critical time. The
surrendered militia were paroled, but the regular troops,
headed by General Hogun, were conveyed to HadrelFs Point,
in rear of Sullivan's Island, near Charleston. There they
imderwent the greatest privations of all kinds. They were
nearly starved, but even a petition to fish, in order to add
to their supply of food, was refused by the British. These
troops were also threatened with deportation to the West
Indies. General Hogun himself was offered leave to return
home on parole. Tempting as was the offer, he felt that his
departure would be unjust to his men, whose privations he
had promised to share. He also knew that his absence
would aid the efforts of the British, who were seeking re-
cruits among these half-starved prisoners. He fell a victim
to his sense of duty 4 January, 1781, and fills the unmarked
grave of a hero. History affords no more striking incident
of devotion to duty, and North Carolina should erect a tablet
to his memory, and that of those who perished there with him.
Of the one thousand eight hundred regulars who went into
captivity on Sullivan's Island with him, only seven hundred
survived when they were paroled.
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108 THE NORTH CABOLINA BOOKLET,
We do not know Greneral Hogun's age, but as he had mar-
ried in 1751 he was probably beyond middle life. In this
short recital is found all that careful research has so far dis-
closed of a life whose outline proves it worthy of fuller com-
memoration. Could his last resting place be found, the
tablet might well bear the Lacedsemonian inscription, "Siste
viator. Heroa calcas."*
General Hogun left only one child, Lemuel Hogun, who
married Mary Smith, of Halifax County. To Lemuel Ho-
gun, March 14, 1786, North Carolina issued a grant for
twelve thousand acres of land in Davidson County, Ten-
nessee, near Nashville, as "the heir of Brigadier-General
Hogun." In October, 1792, the United States paid him
five thousand two hundred and fifty dollars, being the seven
years' half pay voted by Congress to the heirs of Brigadier-
Generals who had died in service. In 1814 Lemuel Hogun
died, and is probably buried at the family burial ground.
General Hogun resided in Halifax County, North Carolina,
about one mile from the present village of Hobgood. In
1818 the widow of Lemuel Hogim, with her children, moved
to Tuscumbia, Alabama. Numerous descendants are to be
found in that State, and in Tennessee and Mississippi. In
the late war General Hogun's papers, which might have
furnished materials for history, were seized by the Federal
troops and presumably destroyed, though it is barely possi-
ble they may be yet preserved in some Northern historical
collection. It is known that among these papers was at least
one letter from Washington to General Hogun.
These five heroes — Howe, Moore, Nash, Sumner, and
Hogun — ^were, as has been said, the only Generals from this
State in the regular service.
We had several Generals who commanded militia, ordered
out on three months' tour or on special service, at sundry
times, such as General GriflSth Rutherford and General Dav-
* "Pause, traveler. A hero's dust sleeps below."
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OENEBAL JAMES HOOUN. 109
idson, for whom those counties have been named ; Gtenerals
Butler and Eaton, and others. General Davidson had been
a Major in the Continental line, but was a Brigadier-General
of militia when killed, 1 October, 1780, at Cowan's Ford,
There were others, as Colonel Davie, Major Joseph Graham
(who commanded the brigade sent to Jackson's aid against
the Creeks in 1812), and several who acquired the rank of
General after the Revolution.
The militia figured more prominently in that day than
since. The important victories of King's Mountain and
Ramsour's Mills were won solely by militia, and Cowpens
and Moore's Creek by their aid. Rutherford and Gregory
commanded militia brigades at Camden, as Butler and Eaton
did at Guilford Court House, and as General John Ashe did
at Brier Creek.
It may be of interest to name here the Colonels of the ten
North Carolina regiments of the Continental line :
First Regiment, James Moore. On his promotion to
Brigadier-General, Francis Nash. After his promotion,
Thomas Clark. Alfred Moore, afterwards Judge of the
United States Supreme Court, was one of the Captains.
Second Regiment, Robert Howe. After his promotion
to Major-General, Alexander Martin. He being elected
Governor, John Patton became Colonel. In this regiment
Hardy Murfree, from whom Murfreesboro, in North Caro-
lina and Tennessee, are named, rose from Captain to Lieu-
tenant-Colonel ; and Benjamin Williams, afterwards Gov-
ernor, was one of the Captains. David Vance, grandfather
of Gk)vemor Vance, was a Lieutenant.
Third Regiment, Jethro Sumner. After his promotion it
was consolidated with the First Regiment. In this regiment
Hal Dixon was Lieutenant-Colonel and Pinketham Eaton
was Major, both distinguished soldiers ; and William Blount,
afterwards United States Senator, was Paymaster.
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110 THE NOBTH CABOLINA BOOKLBT.
Fourth Regiment, Thomas Polk. General William David-
son, killed at Cowan's Ford, was Major of this regiment, and
William Williams, afterwards prominent, was Adjutant.
Fifth Regiment, Edward Buncombe, who died of wounds
received at Gtermantown, and for whom Buncombe County is
named.
Sixth Regiment, Alexander Lillington, afterwards Gideon
Lamb. John Baptista Ashe, of Halifax, who was elected
Governor in 1802 but died before qualifying, was Lieuten-
antrColonel of this regiment.
Seventh Regimsnt^ James Hogun. After his promotion,
Robert Mebane. In this regiment, Nathaniel Macon, after-
wards Speaker of Congress and United States Senator, and
James Turner, afterwards Governor, served together as pri-
vates in the same company.
Eighth Regiment, James Armstrong.
Ninth Regiment, John P. Williams. Of this regiment
William Polk was Major.
Tenth Regiment, Abraham Shephard.
The State had in the Continental line a battery of artil-
lery commanded by John Kingsbury, and three companies
of cavalry, led, respectively, by Samuel Ashe, Martin Phifer,
and Cosmo de Medici.
My object in writing has been to give the few details
which, after laborious research, I have been able to exhume
as to General Hogun, his origin, his services, and his do-
Bcendants. I trust others may be able to bring to light fur-
ther information, so that an adequate memoir may be pre-
pared of so distinguished an oflScer.
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A FOEOOTTEN LAW. Ill
A FORGOTTEN LAW
BY CHIEF JUSTICE WALTER CLARK.
PETIT TREASON ^DEATH BY BURNING.
Blackstone tells us (4 Com., 76 and 203) that for a serv-
ant to kill his master, a woman her husband, or an eccle-
siastical person his superior was petit treason, and that this
offence was punished more severely than murder, a man
being drawn as well as hanged, and a woman being drawn
and burnt. It is said that the records of Iredell County show
that this barbarous punishment was inflicted upon a woman
in that county for the murder of her husband. This law has
since been changed in England.
It has doubtless been forgotten by most that the offence
of petit treason continued in this State after the adoption
of our republican form of government, as to slaves at least,
and that the punishment usually inflicted was to be burnt
at the stake. '^History," said a very wise man, "is philos-
ophy teaching by example." It is well to consider closely
the doings of our ancestors. When those acts were wise
and just, honest and patriotic they should serve as examples
to excite our emulation and shame us against departing
therefrom. When the deeds of our forebears are not such
as to be cause of pride and imitation, we should rejoice that
we live in happier times, in the noonday splendor of greater
enlightenment, and measure the progress we have made by
our distance from the evil precedent.
Your magazine has been a depository of much curious
as well as useful historical data, which but for it would
long since have passed beyond proof and beyond recall. I
therefore send you a copy of one of the few remaining
records of the judicial executions by burning at the stake
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112 THE NOBTH CABOLINA BOOKLET.
which have taken place since the adoption of the Constitu-
tion of 1776.
The Act of 1741, which continued in force till 1793,
provided that if any negroes or other slaves (and there were
other slaves in those days), should conspire to make an in-
surrection or to murder any one they should suffer death.
It was further provided that any slave committing such
offence or any other crime or misdemeanor should be tried
by two or more Justices of the Peace and by four freeholders
(who should also be owners of slaves), "without the solem-
nity of a jury; and if the offender shall be found guilty
they shall pass such judgment upon him, according to their
discretion, as the nature of the crime or offence shall require,
and on such judgment to award execution.'' It further
provided that this commission should assess the value of
any slave executed by them and report to the next Legis-
lature, who should award the owner of such slave the com-
pensation assessed.
The following is a verbaiim copy of one of the certificates
made to the Legislature to procure pay for a slave executed
under said act:
Statb op No. Carolina: Brunswick County. March 5th, 1778.
At a Court held for the tryal of a negro man slave for the murder
of Henry Williams, said fellow being the property of Mrs. Sarah
Dupree.
Justices of the Peace present. Freeholders:
William Paine John Stanton
John Bell James Ludlow
Thomas Sessions Needham Oause
Aaron Roberts.
According to law valued said negro James at eighty pounds
Procklamation Money.
The Court proceeded on said tryall and the said fellow James
confessed himself to be One that had a hand in the murdering of
said Henry Williams in concurrence with the evidence of four other
mallefactors that were Executed for Being Concerned in said murder
on the 18th. day of March 1777.
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A FOaOOTTBN LAW. 113
Ordered that the Sheriff take the said Jimmy from hence to the
Place of execution where he shall be tyed to a stake and Burnt Alive,
Given under our hands this 5th. day of March 1778.
Justice of the Peace: Freeholders:
William Gause Aaron Roberts
John Bell John Stanton
Thos. Sessions Needham Gause
Jas. X Ludlow
hismftrk
State of No. Cabouna — Brunswick County.
We, the undernamed persons being summoned as Justices of the
Peace and freeholders of the County aforesaid to hold a court for
the Tryall of a negro man slave named James the property of Mrs.
Sarah Dupre for the murder of Mr. Henry Williams of Lockwood
Folly do value the said slave James at the sum of Eighty pounds
Procklamation Money. Given under our hands this 5th. day of
March 1778.
Justices of the Peace Freeholders:
William Gause Aaron Roberts
John Bell John Stanton
Thos. Sessions Needham Gause
his
Jas. Ludlow X
mftrk
The Journals of the Legislature show that the assessed
compensation, "eighty pounds proclamation money," was
voted to vMrs. Sarah Dupree, the owner of said slave.
There is a similar record in Granville County, showing
^that on 21 October, 1773, Robert Harris, Jonathan Kit-
trell and Sherwood Harris, Justices; and Thomas Critcher,
Christopher Harris, Samuel Walker and William Hunt,
freeholders, tried and convicted Sanders, a negro slave of
Joseph McDaniel, for the murder of William Bryant, and
he was sentenced to be burnt alive on the 23d — two days
thereafter.
Doubtless there are records of similar proceeding in other
counties, if not destroyed in the lapse of time, but these two
will serve as a curious reminder of a by-gone age. After
1793, the slave charged with murder became entitled to a
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114 THB NOBTH CABOLINA BOOKLET.
trial by a jury of freeholders, and one of the most splendid
efforts of the late Hon. B. F. Moore was in behalf of a
slave tried for murder. His brief in that case and the
opinon of the Court, delivered by Judge Gaston, will remain
enduring monuments of the claim of both to abiding fame.
The opinion and brief will be found reported in State v.
Will, 18 N. C. 121-172.
While the circumstance I have attempted to rescue from
oblivion may not seem to the credit of the men of that day,
it is an historical, social and legal fact which will serve to
"show the age, its very form and pressure." It is to the
credit of the next generation that the statute was repealed
by a more humane and just one in 1793, and that the latter
act was afterwards illustrated by the learning and impartial
justice displayed by Court and counsel in State v. Will.
It is true of the generations of men as of individuals
that we "rise on stepping-stones of our dead selves to higher
things.^'
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HISTORIC HOMES. 116
HISTORIC HOMES. PART V: WELCOME
BY ANNIE LANE DEVEREUX.
'Welcome," the summer home of Willie Jones, stood near
the eastern boundary of Raleigh on the spot where some of
the buildings of St Augustine Institute, a college for ne-
groes, now stand. The tract adjoining was given by Col.
Joel Lane, to his friend, Willie Jones, of Halifax, to be
enclosed as a new park in the hope of inducing him to spend
the hot months near "Bloomsbury,'' Col. Lane's residence.
At that time Wake County abounded in large game, as
the names of some of its localities prove. Mr. Jones prob-
ably enclosed his park. He certainly built a cottage at the
foot of a gentle hill, and near a spring of clear, cool water,
and in this cottage he spent part of every year.
He was a man of mark in his day, and besides filling
other important offices was Commissioner for the State at
large on the committee which chose the site of the new Capi-
tol, Raleigh. In spite of his splendid abilities he was very
eccentric, and some of his "fads," — for the thing is as old
as human nature, though the word is modem — ^were dis-
played in the plan of his house. It was a one-story building,
but the rooms were in the form of cubes, twenty-two and a
half feet every way, it is believed; the effect of the very
lofty ceiling in comparatively small rooms was bad. The
proportion being destroyed the windows seemed extremely
long and narrow, and the tallest furniture was dwarfed.
The manner of his burial was also most unusual. By his
own direction he was buried in the garden at "Welcome,"
the grave being dug northeast and southwest; as this was
supposed to be a practical expression of his disbelief in
the Resurrection, it excited much painful feeling, and the
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116 THE NORTH CABOLINA BOOKLET.
conviction became general that "Old Northeast and South-
west" could not rest in his grave, and that his uneasy spirit
visited the place formerly familiar to the body. Heavy steps
were heard in the hall, strange voices sounded through the
rooms, an old disused spinet in the cellar was played by un-
seen hands; in short, for many years "Welcome'' had the
eerie name of a haunted house.
After the death of Willie Jones the place was purchased
by Judge Henry Seawell, a nephew of Nathaniel Macon, who
had married a daughter of Maj. John Hinton, of "Clay
Hill" ; he enlarged the house, adding a second story, and mak-
ing other improvements, and here he lived for many years in
peace and prosperity quite undisturbed by ghostly visitants.
While still a young man Judge Seawell deemed it wise to
select and enclose a spot as a burial place for his family,
and taking with him his favorite body servant, Brittain, he
went into the deep woods far from any human habitation,
chose a spot that seemed to him peculiarly retired, and had
built a heavy stone wall enclosing a space of the sixteenth of
an acre or less, hoping that he and his would here rest in the
silence of nature, hidden in the wild and lovely woods. But
by a strange irony of fate the woods have long since been
cleared away, the whole estate having passed into the hands
of strangers, and a public road now runs within a few feet of
the wall of the 'old burial place.
After the death of Judge Seawell his widow sold the place
and moved into town. It then changed hands rapidly, hav-
ing many owners, and standing for long periods shut up and
deserted. Its last possessor fled in terror at the approach of
Sherman's bummers in 1865, the empty house was occupied
by negroes, and later in the same year it was burned to the
ground.
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EOWAN COUNTY WILLS AND MABBLA.GE BONDS. Il7
ROWAN COUNTY WILLS
COMPILED BY MBS. M. G. McCUBBINS.
Thomas Gillespie (Book G, page 3), November 15, 1796.
Wife: Naomi. Sons: Thomas, David, Isaac, Robert, Alex-
ander the home place, George, John and James. Daughters :
Martha Allison (widow) and Lydia Knox. Grandsons:
Thomas (James' son) Thomas (Isaacs' son), Thomas and
Jacob (George's sons). Others: Thomas Allison, Thomas
Knox. Ex : Sons Thomas and Eobert Witnesses : Thomas
Irwin and Philip Patmer.
William Gilbert (Book G, page 46), August 12, 1787.
Son: Eleazer. Daughters: Huldah (or "Huldreth day"),
Mary. Granddaughter: Rachel Backer. Executor: Friend
John Gross. Witnesses: Thomas Pinkston, John Cress and
Ediff (her X mark) Cress.
George (his X mark) Gentle (Book G, page 45), April 10,
1795. Wife: Firlender (or Felender). Sons: Thomas and
Joseph. "Other children" (not named). Executor: Wife,
Felender. Test: Nathan (his N mark) Sap ( ?) and Ralph
Ford.
Christina (her D mark) Getchen (Book G, page 48),
March 8, 1790. Sons: John and Frederick. Daughter:
Elizabeth. Grandchildren: Christina and Elizabeth (chil-
dren of Jacob Eller), Elizabeth (daughter of Jacob Getchen)
and Christina (daughter of John Getchen). Executor:
Friend John Getohen (?). Test: Michael Brown, Jr., and
John Stranger.
John Graham, a planter (Book G, page 66), February 1,
1795 (of Third Creek). Wife: Sarah. Children: Sarah,
Mary, James, Richard, Moses, Margaret, William Arm-
strong Serah John and Samuel. Executors : Brothers Rich-
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118 THE NORTH CABOLINA BOOKLBT.
ard and James Graham. Test: Benjamin Brandon, John
Dickey and John Graham.
James Graham, "old and infirm" (Book G, page 67), Sep-
tember 2, 1788. Sons: Richard, John and James. Daugh-
ter: Jane Graham. Grandson: James (son of John). Exec-
utor: Son, James. Test: John Lowrance, Jr., John Carri-
gan and Samuel Young.
Edward (his X mark) Gates (Book G, page 69), Septem-
ber 28, 1799. Wife: Esther. Sons: Joseph. Daughters:
Mary (wife of Walter Odaniel), Elizabeth (wife of Lenerd
Jones) and Dorothea (wife of Samuel Smith), Rachel (the
wife of Richard Lanim. Others mentioned: Daniel Cos-
grove. Executors: Wife Esther and son Joseph. Test:
George Niblock, John Hembree and Lyddy (her X mark)
Hembree.
James Gheen, a cabinet maker. Senior (Book G, page 71),
April 26, 1796. Wife: Elizabeth. Sons: James, Joseph
(the youngest son). Sons-in-law: John Roberts, Silas Dunn.
Daughters : Hannah, Elizabeth, Elenor and Rachel. Grand-
son: James (son of Thomas Gheen). Executors: Wife Eliz-
abeth and son-in-law Siles Dunn. Test: James Eincaid, Sr.,
James Kincaid, Jr., and George Dunn.
Ellonor (or Eleonor) Graham (Book G, page 75), May
10, 1782. Sisters: Else, Jane, Agnes. Mother: Agnes Gra-
ham. Cousin: Agnes ("daughter of my brother James*'),
Mary ("daughter of my brother Richard")^ Eleanor
("daughter of my brother Joseph"), Elizabeth Gilespey ("my
loving sister Janes' daughter"). Executors: Mother Agnes
Graham and "brother Richard." No witnesses.
John Gardiner, a miller (Book G, page 77), March 11,
1791. Sons: James, John, Robert and Francis. Daughter:
Martha Vikers. Grandson: David (son of Francis).
Granddaughter: Francis (daughter of my son Francis Gard-
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EOWAN COUNTY WILLS AND MAKELA.GE BONDS. 119'
ner). Executor: Son John. Test: James McCuUock, John
Brown and Peter Frieze.
John Garret (Book G, page 81), May 18, 1793. Wife:
Mary. Children: Elizabeth, Mary, John, Daniel, William,
Wiley and James. Executors: Wife Mary and Daniel
Wood. Test : John Baily, Jr., John Wood and Moses Daty.
Henry (his X mark) Gussey (Book G, page 83), August
18, 1794. Wife: Marget Guffey. Sons: John and Henry.
Daughters: Jean Luckey, Elizabeth Hughes, Mary Guffey.
Executors: Wife Marget and sons John and Henry Guffey.
Test : John Evans, Jr., and Samuel Hughes.
William (his X mark) Graham, a farmer (Book G, page
86), December 12, 1787. Wife: Is probably Jean (see Book
G, page 64, where this will is unfinished). Sons: John (the
home place), James, William (the youngest son). Execu-
tors: John Hall and Richard Graham. Witnesses: Robert
Love, William Law and Mary Graham.
John Gill (Book G, page 91), April 1, 1796, a noncupa-
tive will proven by Mary Dowdy April 5, 1796 and in
Goochean County, May 16, 1796, by Molly Dowdy and Willy
Gill. Wife: Agnes. Daughter: Witty Gill. Executor ( ?) :
Joseph Wattaus. Test: Wm. Miller, C. S. C.
EOWAN MARRLA.GE BONDS.
Henry Bakor, James Bowers (both names used, but James
signs) to Barbara Bowers. May 10, 1758. James Bowers
and Thos. Fosne or Forster? (Both may be carpenters.)
William Bost to Catharine Goodhart January 19, 1762.
William (his WB mark) Best, William Williams and John
Johnston. William Carson (Will Eeed). This bond is
made in Anson County.
Robert Black to Elenor Russell. March 5, 1762. Robert
Black, Henry Horah and John Cussens. (Will Reed.)
Thomas Butner to Sarah Elrode. July 11, 1762 ( ?) 1764.
4
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120 THB NORTH GABOLINA BOOKUET.
Thomas Butner, Adam Betiier( ?) and Adam (his X mark)
Butner. (Thomas Frohock.)
John Bibby to Jane Ruth. July 28, 1762. John (his X
mark) Bibby, Mark Whiteaker and Joshua Whiteaker.
(John Frohock and Thos. Frohock.)
James Buntin to (no name). June 23 (or 28?), 1763.
James J. Buntin, Jos. Erwin and John Buntin. (John Fro-
hock.)
James Bell to Margret (or Marget ?) Denny. March 26,
1764. James Bell, William Denny and John McKnight
(Thos. Donnell.)
William Baley to Mary Jones. April 3, 1764. William
(his B mark) Baley, Wm. Napery (or Nassery) and Matt,
Lang. (Thomas Frohock and Will Ca en.)
A note enclosed "April ye 2th Day, 1764, mester John
frake Esquer Wee humly in tret yo to let ye berer William
Bile have a lisons of mereg we the per have Agred John
iany(?). Daved Bale his mark B."
Charles Bussey to (no name). March 28, 1766. Charles
(his X mark) Bussey, James Whittier( ?), Francis (his E
mark) Taylor. (John Frohock.)
George Black to Rachal Wethrow. September 24, 1766.
George Black, John Carson and Samuel Wi throw. (Thomas
Frohock.)
Joseph Burk to Margret Granl (Grant?). December 29,
1766. Joseph (his B mark), Burk, John England and James
(his B mark) Burk. ( [ ?]idon Wright.)
Walter Bell (or Bill?) to Margret Duncan. January 3,
1767. Walter Bell and Thomas hill. (John Frohock.)
John Buntin, Jr., to Mary McClun. January 16, 1767.
Johny Buntin, John Bonten, Sr., and George Senley.
(Thos. Frohock.)
Philip Byer to Mary Somison. February 9, 1767.
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ROWAN COUNTY WILLS AND MABBL^OE BONDS. 121
Phillip (his X mark) Byer, Fredrick (his X mark) Somison
and Gaspar Smith. (Tho«. Frohock.)
John Beeman to Margret Hunler (Hunter [?]). May 19,
1767. John beeman, George Smiley, Oliver Wallis and
Junius ( ?) Quick. (Thos. Frohock.)
Henery Eessand Bussle to Sophiah Layle( ?). June 10,
1767. Henery Ressand Bussle and Christopher Bindleman.
(These are written in Dutch (?) and translated.) (Thos.
Frohock.)
Rudome Bussell to Charity Smith. September 4, 1767.
Budome (his R mark) Bussell, John Turner and ?
(in Dutch ?). (John Frohock.)
Bichard Berry to Ribna( ?) Hawkins. September 24,
1767. Richard (his X mark) Berry and William Simpson.
(Thom. Frohock.)
John Hawkins and wife send note of consent, September
22, 1767, for their daughter's marriage with Richard Berry.
William Brown to (no name). January 4, 1768. Wil-
liam Brown, Shadreck (his S mark) Williams and William
(his P mark) Williams. (Thomas Frohock.)
William Brown to Eliz. Huff. January 4, 1768. William
Brown, Jonathan huff and Andrew Endsvoorth. (Thomas
Frohock.)
David Butner to Mary Crane. April 9, 1768. David
(his D mark) Butner and Wm. Nassery (or Napery?).
(Thos. Frohock.)
John Boone to Martha Quin. October( ?) 19, 1768. John
(his X mark) Boone and Jas. Cooper. (Thos. Frohock.)
Jacob Bringer to Mary Prock. December 5, 1768. Jacob
(his i mark) Bringer, Mathias Prock and William Brown.
(John Frohock.)
"Thease(?) are to sertify that I Marget apock(?) Doe
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122 THE NOBTH CABOLINA BOOKLET.
Give my face conssent to this marriage of my Daughter Mary
to Jacob Brvinger Given from under my hand
MarGert ysock( ?)
this 5 Day of Dasember 1768
Wm. Charles Eiles."
"This is to Certify That Barringer
William Alexander^'
Daniel Brown to Mflry Miller. (No other date), 1768.
Daniel Brown and William Patton. (H. ? M. Goune.)
Abraham Brown to Mary Hardmon. January 27, 1769.
Abraham Brown, Joseph (his X mark) Hartmon and Mich-
ael Waller. (These men may be Dutch.) (Thos. Frohock.)
Thomas Bestow( ?) to Elizabeth Murphy. June 7, 1769.
Thomas (his X mark) Bestow and Zac( ?) Craige.
("Clio ? be kind Enough To Let Thos. Betzer have Lisons
Jas. Craige will be Security He Be Over and pay you Fry-
day Pray Let him, have thim and you will Greatly Oblige
Sir your Humble Servant
To Cllo( ?) John Frohock. Geo. Magonne"
James Bell to Issabell S lorry ( ?). June 22, 1769. James
Bell, thomas Hill and John Frohock.
"Mr. Cornall frohack I desir the favour of you to Let
the Bearer James Bell have the Licence for it is By Concent
of all pertys and in so doing you will obledg your humble sir
William White this given from under my hand this twen-
teeth day of June in the ye year of our Lord — 1769 wit-
ness present Samuel Hughey
Margret (her X mark) Mcknight
Martin Beffell to Barbary Roadlap(?). June 28, 1769.
Martin (his X mark) Beffell, Paul (his X mark) Beffell and
Dan' Little. ^
Joseph Biles to Ann Johnson. November 16, 1769. Jos-
eph Biles, William Frohock and Moses (his M mark)
Pearse"( ?). (Thomas Frohock.)
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BOWAN COUNTY WILLS AITD MARKIAGB BONDS. 123
George Bullon (Bullin ?) to Hester Stroser. January 28,
1772. George Bullon, Jacob Brown and Conrad Bullon.
(These may be in Dutch ?)
A letter to Frohock :
"Sir this is to inform you that the Bearer( ?) ?
has made shute to my Daughter Jean Brown in purpose of
marig and these are to Certify that we are agread there with.
Sir I Remain your hu^ ser^ Margret Brown.
December the 1, 1769.''
There are few "ts" crossed in the above note.
William Brown to Dianna Davis. May 6, 1772. William
(his X mark) Brown, Jno. Blaloc (lry[?]) and Henry
Strange. (John Frohock.)
Benjamin Burgin to Lear Man (or Mar ?). November 18,
1772. Benjamin Burgin and Dan' Little. (Ad. Osbom.)
A note to Mr. Osbom (Clerk) from George Davison (?)
November 18, 1772.
Joseph Bryan to Easther Hampton. November 30, 1772.
Joseph Bryan and John Bryan. (Ad: Osborn.)
William Bailey to Isbell Berson (or Benson?). August
10, 1774. William Bailey, Andrew Beed. (Ad: Osborn.)
John Bryant to Rebenah Orten. August 26, 1774. John
Bryan and John orten. (Ad Osbom.)
Jacob Brown to Elizabeth Artmire. August 29, 1774.
Jacob (his X mark) Brown and Dan*. Little. (Ad Osbom.)
Thomas Blackmore to Anne Comelison ("Spinster").
September 6, 1774. Thomas Blackemere and Garritt (his
X mark) Cornelison. (Ad Osbom.)
James Barr to Elizabeth McCorkle. December 18, 1774.
James Barre and Matt: Troy. (Ad Osbom.)
Robert Buntain to Sarah Renshaw. January 18, 1775.
Robert Buntain and Elijah Renshaw. (James Robinson.)
Joshua Baldwin to Elizabeth Wells. January 28, 1775.
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124 TH£ NOBTH CABOLINA BOOKUST.
Joshua Baldwin and William (his X mark) Wells. (Jam".
Robinson.)
Valentine Beard to Obediance Giles. February 14, 1776.
Valentine Beard and John Lewis Beard. (Ad Osbom.)
Harmon Butner to Jemima Merrill. February 28 (20 f),
1776. Hermon Butner and Jonathan Conger. (No name.)
Andrew Boston to Sarah Hunehparier. May 26, 1776.
Andrew Boston and George Savadge. (These above may be
Dutchmen.) (David Flowers.)
Peter Butner to Betty Bussell. August 3, 1776. Peter
butner and Pressley Bussell. (Ad Osbom.)
William Brandon to Hannah Erwin. September 6, 1776.
William Brandon and David Woodson. (D. Flowers.)
Daniel Biles to Jean Conger. December 30, 1776. Dan-
iel Biles and Jonathan Conger. (Ad: Osborn.)
Ruliff(?) Booe to Mary Bushellson. March 9, 1776.
Euliff (his R mark) Booe and John Hunter ("huter.'^)
(Ad: Osbom.)
John Barr to Mary King. March 28, 1776. John Barr
and Thos. King. (Ad Osborn.)
William Bell to Margaret McNeely. April 1, 1776. Wil-
liam Bell and James Brandon. (Ad: Osbom.)
James Benson to Margret Kerr. December 1, 1777.
James Benson and Joseph Kerr. (Ad. Osbom.)
Samuel Brace to Dorothy Davis. February 4, 1778.
Samuel Brace and William Brandon.
Henry Bullinger to Mary Savits. December 20 (28?),
1778. Henry bollinger( ?) and George Savits( ?). (These
are in Dutch ?) (William B. Davie.)
George Brown to Barbara Wasnbouoy( ?). January 2,
1779. George Brown and Jacob Brown. (William E.
Davie.)
John Barry to Susanna (?) Patterson ( ?). February 6,
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BOWAN GOUIITY WILLS AND MAKBTAGB BOITDS. 125
1779. John (his X mark) Barry and Caleb (his X mark)
Bedwel. (William E, Davie.)
John Brinneger to Lucretia Linville. February 9, 1779.
John Brinneger and Samuel Bryan. (William R. Davie.)
Harbert Blackburn to Martha Brandon (?). March 4,
1779. Harbert Blackburn and John Brandon. (William
R. Davie.)
Samuel Bryan to Bachael Jacks. March 10, 1779. Sam-
uel Bryan and Rudolf March. (Ad: Osbom.)
Samuel Bum8(?) (Bams? or Busner?) to Rachel Tur-
ner. March 20 28(?), 1779. Samuel Bums (?) (Bams?
or Busner?) and James Turner. (Wm. R. Davie.)
George Brandon to Rebena or Rebecca (?) Neely(?).
March 22, 1779. George Brandon and Wm. Temple Coles.
(Ad Osborn.)
Archibald Bready to Margret Ervin. May 28, 1779.
Archabil Breadey and Samuel Irwin. (Ad Osbom.)
A note of consent from Margret's father, George Irwin,
"May ye 27, 1779."
Samuel Bryson to Martha Bogle. June 14, 1776 (?),
1779 (?). Samuel Bryson and Samuel Bogel. (Ad: Os-
bom.)
Nathan Baddy to Anne Brice. September 9, 1779. Na-
than Baddy and John (his X mark) Baddy. (Ad: Osbom.)
James Ballendine (a carpenter) to Ann Burke. Decem-
ber 4, 1779. James Ballantine and James (his i mark)
Townsley (a silversmith). (B. Booth Boote.)
Aquilla Bams to Hannah Lee. September 20, 1779.
Aquilla D. Barns and Shadrack Barnes. (Ad: Osborne.)
Benjamin Baker to Comfort Sewel. October 8, 1779.
Benjamin Baker( ?) and Samuel Sewell. (Jo. Brevard.)
Nathan Briggs to Mary Scriviner. September 29, 1779.
Nathan Briggs and Thomas (his X mark) Briggs. (Jo.
Brevard.)
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126 THE NORTH CABOLINA BOOKLET.
Patrick Barr to Agness Killpatrick. November 17, 19( ?),
1779. Patrick Barr and John Killpatrick. (Ad: Osbom.)
William Buham( ?) to Sarah Patterson (a spinster). Jan-
uary 29, 1780. William Batram(?) and William Patter-
son. (B. Booth Boote.)
Elijah Bank to Effy Gordon. March 15, 1780. X
and Willian( ?) McKay. (B. Booth Boote.)
Benjamin Biggs and Abigail Trayer( ?). May 15, 1780.
Benjamin Bigs and Daniel Clary. (B. Booth Boote.)
Elias Baker to Sarah Holbrook (a "spinster"). May 20,
1780. Elias Baker and Beal Baker.
John Beard to Margret Wood. December 4, 1780. John
Beard and James McEwen. (Ad Osborn.)
Daniel Bentley to Nancy Lewis. February 8, 1782. Dan-
iel Bentley and Peter (his X mark) Lewis. (Ad: Osbom.)
James Bunch to Hanna Walks. February 7, 1782. James
Bunch and Samuel Van Ellen.
Robert Bell to Jane Miller. November 30, 1782. Robert
Beel and John Miller. (William Crawford.)
Hugh Boyd to Jean Boyd. December 13, 1782. Hugh
Boyd and Thos. Anderson. (William Crawford.)
John Baldridge to Margaret Boston. July 29, 1782.
John Baldridge and Dorunton( ?) Boston. (J. H. C.
Caule.)
Obediah Baker to Patience Roberts. December 20, 1782.
Obediah (his X mark) Baker and David Woodson.
William Bone to Margret Lansden. February 25, 1783.
William Bone and Robert Lansden. (Ad: Osbom.)
Thomas Bolph to Mary Harison. January 20, 1783.
Thomas Boolph and Abener (his X mark) Schetor. (Wil-
liam Crawford.)
Benjamin Boone to Mary Wilson. February 25, 1783.
Benjamin Boone and Ebenezer frost.
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BOWAN COUNTY WILLS AND MAKBIAGE BONDS. 127
Thomas Biles to Tabithah Marburry. March 6, 1783.
Thomas Biles and Charles Biles.
Thomas Brotherton to Mary McLeland. March 17, 1783.
Thomas Brotherton and John Bons. (T. H. McCaule.)
John Braley to Mary Beatie. May 5, 1783. John Braley
(no other witness.)
Christopher Baker to Agnes Forster. May 13, 1783.
Christopher Baker and Conrad Brem.
George Burkehard to Mary Kipley. June 24, 1783.
George (his X mark) Burkehard and Henry Winkler.
Isaiah Brown to Jean McKee. July 22, 1783. Isaiah
Brown and Alex McKee. (Ad: Osbom.)
William Brown to Eliz. Hughey. October 16, 1783. Wil-
liam Brown and James Houston.
William Beard to Elizabeth Brevard. November 17(?),
1783. William Beard and Zebulon Bravard. (Ad: Osbom.)
Andy Brison to Agness Naill. Dec. 17, 1783. Andy Bry-
son and Pamall( ?) Nail? (Moses ''? ylie.)
John Brevard, junior, to Hannah Thompson. December
22, 1783. John Brevard and Ad. Brevard. (T. H. Mo
Caule.)
Jacob BuUinger to Caty Savits. June 15, 1784. Jacob
Bollinger and George Savits. Hugh Magoune.
Samuel Berkley to Mary Davis. July 5( ?), 1784. Sam-
uel (his X mark) Barkley and Henry Davis. Hugh Ma-
goune.
Daniel Beem to Mary Neely. October 1784. Daniel
Beem and Elijah Kenshaw. (H. Magoune.)
Abraham Brown to Cathrine Bonorher Borrorhey( ?).
October 18, 1784. Abraham (his X mark) Brown and
Charles Dunn. (H. Magoune.)
James Barr to Elizabeth McCaule. January 24, 1785.
James Barr and Harris. (No name.)
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128 THB NOBTH GABOLINA BOOKLET.
Lewis Beard to Susan Dunn. January 27, 1785. Lewis
Beard. (No witnesses.)
Geo. H. Berger to Cathrine Casper. March 23, 1785.
Geo. H. Burger (?) and Ad: Osborn.
Martin Basinger to Mary Braun. June 11, 1786. Mar-
tin Basinger and Martin Beffle. (Hu. Magonne.)
James Brown to Fanny Johnston. August 29, 1785.
James Brown and Moses Linster.
John Bartly to Jean Enox. November 3, 1785. John
Bartly and Samuel Knox. (Margret Chambers.)
John Bowers to Mary Moore. December 23, 1785. John
Bowers and Val: Beard.
William Brown to Phoebee Gillom. January 12 ( f), 1786.
William Brown and Philip Fishbum. (W. W. Erwin.)
Henry Bryan to Elizabeth Sparks. February 11, 1786.
henry Bryan and Thos. Enochs. (W. W. Erwin.)
Joseph Brown to Susannah Whitaker February 23,
1785 1786 ( ?). George Davidson.
Samuel Bellah to Jean Morgan. July 15, 1786. Samuel
Bellah and Mo." Bellah. (Jno. Macay.)
John Buckner to Lucretia Tatom. July 22, 1786. John
(his X mark) Buckner and henry Whiteaker.
Thomas Bailey to Jean Bailey. August 29, 1786.
Thomas Bailey and Jno. Bailey. (Jno. Macay.)
Jadock Bell to Nancy Begerly. September 16, 1786.
Jadock Beall and Evan Bealle. (Jno. Macay.)
Thomas Beatey to Margaret Harden. September 30,
1886. Thomas Beaty and William Harden. (Jno. Macay.)
Michael Beard to Margaret Zevelly. January 9, 1787.
Michael Beard and J. L. Beard.
Corbin Bevins to Katerine West. February 12, 1787.
Corbin (his X mark) Bevins and William (his X mark)
West (Wm. Cupples.)
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BOWAN OOUNTT WILI^ AND MABBIA6S BOITDS. 129
James Barkley to Sarah Knox. April 14, 1787. Henry
(his O mark) and William knox. (Max Chambers.)
William Bowman to Elizabeth McFarson. Jiaj 14, 1786.
William Bowman and John Mcpherson. (Ad. Osbom.)
Charles Bealey to Mary Gibson. May 26, 1787. Charles
Beaty and John (his X mark) Albright. (Jno. Macay.)
John Bone to Rebecca Potts. October 24, 1787. John
Bone and Henry Potts. (D*. CaldwelL)
James Bell to EUinor McNeely. November 16, 1787.
James Bell and Alexander McNeely. (J. McEwen.)
John Ball to Agness Adams. January 6, 1788. John
Ball and Abraham Adams. (J. McEwen.)
Benjamin Brandon to Mary Knox. February 4, 1788.
Benjamin Brandon and James Wilson. (Dav Crawford.)
John Boyd to Hannah Boyd. February 16, 1788. John
Boyd and Thomas Thompson. (Ad. Osbom.)
William Braley to Honour Carson. February 21, 1788.
W. L. B. Y.( ?) and Hugh Car8on( ?). (J. Mc-
Ewen.)
Humphrey Brooks to Lettice Boleware? February 24,
1788. Humphrey Brooks and William (his X mark) Wam-
mock. (J. JdcEwen.)
Thomas Bracken to Mary Brenonger. March 21, 1788.
Thomas (his X mark) Bracken and William Button (or
Butter?) (J. McEwen.)
David Blaze to Elizabeth Wenkler. May 31, 1788.
David Blace ? Winkler (in Dutch?) (Will-
iam Alexander.)
John Brown to Elizabeth Brown. July 21, 1788. John
Braun(?) and Hugh Gray. (Ad. Osbom.)
John Brown to Mary McCulloch. November 26, 1788.
John Brown and John Bowman. ( ? Yarbrough.)
Arron Varas to Rebecah Woods. August 7, 1788. Aaron
voh? and William Donaldson. (Wm. Alexander.)
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130 THE NORTH CAROLINA BOOKLET.
Philip Baruhezer to Dally Clover. January 25, 1789.
Philip (his b mark) Bonihizir and ( ? in Dutch?) (W. J.
S. Alexander.)
Abraham Buck to Elizabeth Waggoner (?). February
24, 1789. (They are so blotted, I can not make them out.)
(Will Alexander.)
John Brandon to Jane Knox. March 10, 1789. John
Brandon and Absalom Knox. R. Martin for (Ad. Osborn.)
Robert Bradshaw to Betsy Haden. April 3, 1790. Rob-
ert Bradshaw and Dugless Haden. C. Caldwell D C pro
(Ad. Osborn C C.)
Samuel Baley to Tomith Pearson. August 11, 1789.
Samuel (his X mark) Baley and Robert Foster. (Basil
Gaither.)
Christopher Brandon to Sarah Newman. October 15,
1789. Christopher Brandon and John Brandon ( ?).
David Boston to Barbarra Lydehher. November 3, 1789.
David (his B mark) Boston and Peter Faust (Evan Alex-
ander.)
William Bateman to Ruth Pinston. November 23, 1789.
William batemans and J. G. Laumann. (Ed. Hains.)
Samuel Bracking to Ann Breneger. December 20, 1789.
Samuel (his X mark) Byacking( ?) and William Butler.
(Basil Gaither.)
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RESOLUTIONS OF RESPECT. 131
RESOLUTIONS OF RESPECT TO THE MEMORY
OF MRS. HELEN DE BERNIERE HOOPER
WILLS, WHO DIED JUNE 24. 1911
IN MEMORIAM.
Whereas, God in His all perfect love and wisdom has
seen it was well to remove from earth to a brighter, higher
life our faithful member and beloved Genealogist and His-
torian, Mrs. Helen De Bemiere Hooper Wills :
Therefore be it resolved. That the North Carolina
Society, Daughters of the Revolution, deplores the great
loss sustained in her death.
That they are truly grateful for the noble example of her
well-spent life and fully realize that our Society has lost one
of its most loyal, useful and wisest members, who held the
esteem and love of all the other Daughters, whose devotion
to the organization was realized in the painstaking service
of the most valuable years of her life.
That they will ever feel the absence of her presence, and
lament the loss of her impartial guidance and wisdom in
council, of her usefulness in a special line that knew not
the bounds of any particular State.
That we tender to the afflicted family our heartfelt sym-
pathy in this great sorrow.
That these resolutions be spread upon the minutes of the
Society and a copy sent to the family.
Mary Hilliard Hinton,
Mrs. E. E. Moffitt,
Mrs. Hubert Haywood,
Mrs. James E. Shepherd,
Committee.
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INFORMATION
Concerning the Patriotic Society
"^Daughters qf the Revolution^
The General Society was founded October 11, 1890, — ^and organized
August 20, 1891, — under the name of "Daughters of the American
Revolution"; was incorporated under the laws of the State of New York
as an organization national in its work and purpose. Some of the mem-
bers of this organization becoming dissatisfied with the terms of en-
trance» withdrew from it and, in 1891, formed under the slightly differ-
ing name ^'Daughters of the Revolution,'' eligibility to which from the
moment of its existence has been lineal descent from an ancestor who
rendered patriotic service during the War of Independence.
""The North Carolina Society^
a subdivision of the General Society, was organized in October, 1896,
and has continued to promote the purposes of its institution and to
observe the Constitution and By-Laws.
Membership and Qualifications
Any woman shall be eligible who is above the age of eighteen years,
of good character, and a lineal descendant of an ancestor who ( 1 ) was
a signer of the Declaration of Independence, a member of the Ck)nti-
nental Congress, Legislature or General Court, of any of the Colonies
or States; or (2) rendered civil, military or naval service under the
authority of any of the thirteen Colonies, or of the Continental Con-
gress; or (3) by service rendered during the War of the Revolution
became liable to the penalty of treason against the government of Great
Britain: Provided, that such ancestor always remained loyal to the
cause of American Independence.
The chief work of the North Carolina Society for the past eight years
has been the publication of the ''North Carolina Booklet," a quarterly
publication on great events in North Carolina history — Colonial and
Revolutionary. $1.00 per year. It will continue to extend its work and
to spread the knowledge of its History and Biography in other States.
This Society has its headquarters in Raleigh, N. C, Room 411, Caro-
lina Trust Company Building, 232 Fayetteville Street.
1
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Vol. XI.
JANUARY, 1912
No. 3
'The
North Carolina Booklet
GREAT EVENTS
IN
NORTH CAROLINA
HISTORY
PUBLISHED QUARTERLY
BY
THE NORTH CAROLINA SOCIETY
DAUGHTERS oh tie REVOLUTION
RA ,EloH. N C
CONTENTS
Sir Walt4»r Raleigh and His Asfioriatert - - -
By R. D \V. Conntw
Governor fienjamin Smith - . - - -
By f alliorCobb
The Story of Queen's College or Liberty Hall in the Pnjvitire
of North Carolina -----
By Marshnll D(»I»m<>ey HHyvroiid
Biographical, Genealogi<'al. and Historical Memoranda -
By .Mr:^. K. E. Moffitt
Mrs. Helen De Berniere Wills - _ - -
In Meraoriam — Mrs. Fannie Dc Berniere Hooper
Whitakov ------
Marriage Bondi< of Rowan County, N. C.
By Mm. M. U. McCubbirw
Pane
135
158
\m
17tt
181
186
187
SINGLE NUMBERS 35 CENTS
$1.00 THE YEAR
» 'X-X"3e"J^"l'l--i-Jg'-JgJe--X"X"X"Jg"X^^^^
«
^
«
BNTIBKU IN THK I'OWT-OrFlCK AT KALKIOU. N. (., AS SECOND CLASS MaTTEK.
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Mil
£
The North Carolina Booklet
Great Events in North Carolina History
Volume XI of Thj!: Booklet will be issued quarterly by the North
Carolina Society, Daughters of the Revolution^ beginning July, 1911.
'J'he Booklet will be published in July, October, January and April.
Price $1.00 per year. 35 cents for single copy.
Editob:
Mi8S Mabt Billiard Hinton.
VOLUME XI
Why North Carolina Was Opposed to Secession. . . .Major W. A. Qrahain
Folk Song* of North Carolina Professor John A, Lomois
Revolutionary Government of North Carolina, 1775-
1776 .Mr, T. M. Pittman
The History of Halifax County Chief Justice Walter Clark
Karly Physicians of Albemarle Dr, Richard Dillard
Surgeons and Physicians of the Civil War Dr. Hubert Royster
News, Travel and Transportation — Pre-Railroad
Era Dr. Charles Lee Smith
The History of Rowan County
This list of subjects may be changed, as circumstances sometimes pre-
vent the writers from keeping their engagements.
The histories of the separate counties will in the future be a special
feature of The Booklet. Wlien necessary, an entire issue will be de-
voted to a paper on one county.
The Boobilet will print abstracts of wills prior to 1800, as sources of
biography, history and genealogy. Mrs. M. G, McCubbins will con-
tribute abstracts of wills and marriage bonds in Rowan County to the
coming volume.
Mrs. £. E. Moffitt has consented to edit the Biographical Sketches
hereafter.
Address
Miss MARY HIUJARD HINTON,
"Midway Plantation,"
Raleigh, N. C.
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Vol. XI JANUARY, 1912 No. 3
C6e
floHTH GflHoiiirifl Booi^iiET
** Carolina/ Carolina! Heaven* s blessings attend her I
While we live we will cherish^ protect and defend her,**
PnUithed hi
THE NORTH CAROLINA SOCIETY
DAUGHTERS OP THE REVOLUTION
The object of the Booklet is to aid in developing and preeenring
North Carolina History. The proceeds arising from its publication
will be devoted to patriotic purposes. Bditob.
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ADVISORY BOARD OF THE NORTH CAROLINA BOOKLET
Mrs. Httbert Haywood. Miss Martha Helen Hatwood.
Mrs. £. E. Moffitt. Dr. Richard Dillard.
Mrs. Spier Whitaker. Dr. Kemp P. Battle.
Mr. R. D. W. Connor. Mr. James Sprunt.
Dr. D. H. Hill. Mr. Marshall DeLancet Hatwood.
Dr. E. W. 81KES. Chief Justice Walter Clark.
Mr. W. J. Peels. Major W. A. Graham.
Miss Adelaide L. Fries. Dr. Charles Lee Smith.
EDITOR:
Miss Mart Hilliard Hinton.
OFFICERS OF THE NORTH CAROUNA SOCIETY
DAUGHTERS OF THE REVOLUTION i9io-i9ia
REGENT:
M188 MART HILLIARD HINTON.
VICE-RBGENT:
Miss DUNCAN CAMERON WINSTON.
' HONORART REGENT I
Mrs. £. £. MOFFITT.
SBCORDINO SECRETART:
Mrs. CLARENCE JOHNSON.
corresponding SECRETART:
Mrs. PAUL H. LEE.
TREASUREB *
Mrs. frank SHERWOOD.
BEGISTRAB:
Mrs. JOSEPH CHESHIRE WEBB, Jb.
CUSTODIAN OF RELICS:
Mrs. JOHN E. RAY.
CHAPTER REGENTS
Bloomsbury Chapter Mrs. Hubert Hatwood, Regent
Penelope Barker Chapter Mrs. Patrick Matthew, Regent
Sir Walter Raleigh Chapter,
Miss Catherine F. Setton Albertson, Regent
DeGraffenried Chapter Mrs. Charles Sloveb Holusteb, Regent
FOUNDKB OF the NORTH CAROLINA SOCIETT AND REGENT 1896-1902:
Mrs. SPIER WHITAKBR.t
Regent 1902:
Mrs. D. H. HILL, Sb.*
Regent 1902-1006:
Mbs. THOMAS K. BRUNER.
Regent 1906-1910:
Mbs. E. E. MOFFITT.
•DIedDeeember IS. 1004.
fDied November 25, 1911.
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J
■ .^ vtv.^- A ^:^ A K<.. A s^jT,^ v;c-;^7T-^
SIR KKAXCIS DRAKE
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THE NORTH CAROLINA BOOKLET
Vol XI JANUARY. I9I2 No. 3
SIR WALTER RALEIGH AND HIS ASSOCIATES*
BtR. D.W.CONNOR.
We are standing today on the threshold of American his-
tory. At no other point is it possible to obtain so general a
view^ so broad a sweep of the whole field of achievements by
men of the English race in the New World as on this historic
spot The whole panorama of American history unrolls
itself before us. That history began more than three hun-
dred years ago when men of the English race^ landing upon
the sand banks which guard our eastern shore^ laid their first
firm grasp upon the American continent How imconscious
were those obscure sailors that they were there enacting one
of the most significant scenes in the world's history I Three
and a quarter centuries have elapsed since that day, yet even
now, after all the tremendous results that have followed in
their train, we cannot fully appreciate the vast significance
of that simple ceremony. But for that ceremony there may
never have been a "Citie of Raleigh in Virginia,*' James-
town and Plymouth Rock may never have become immortal
names in American history, and English settlers may never
have found their way to the shores of Albemarle Sound*
Perhaps Wolfe might never have scaled the Heights of Abra-
ham and Daniel Boone might never have cleared the way for
English civilization beyond the AUeghanies. There may
have been no Thomas Jefferson to write a Declaration of
Independence, no George Washington to make good its prin-
* AddreoB by R. D. W. Connor before the Roanoke Island Colony Aasociation, upon Its
annual pilgrimage to Roanoke Island, Auguet 18, 1911, the 824th annivenary of the birth
of Virginia Dare.
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ciples for the benefit of all mankind, no Constitution of the
United States to apply them practicallj to the government of
a mighty people. For there upon the coast of North Caro-
lina men speaking the English language, thoroughly imbued
with the principles of English law and English liberty, first
set foot on American soil with a view to permanent posses-
sion, and thus led the way to the planting of English civili-
zation amid the wild forests of the New World.
I am fully aware that many eminent historians sharply
dissent from this view. They count Sir Walter Raleigh's
efforts to plant an English colony on Eoanoke as among the
great failures of history. This seems to me a narrow, short-
sighted view. It would doubtless be correct were it possible
to say that the history of the Eoanoke settlements began
abruptly in the year 1584 and ended abruptly in the year
1587. But you cannot measure great historic events with a
yard stick. Men die, ideas are immortal. The idea of
another England beyond the waters of the Atlantic, con-
ceived by the master mind of Sir Walter Ealeigh, was the
germ from which, through the developments of three cen-
turies, has evolved the American Nation of the twentieth
century. There is a vital connection^ both physical and
spiritual, between Eoanoke and Jamestown. Among those
who founded Jamestown were ten of the men who had
cooperated with Ealeigh in the settlements at Eoanoke. In
these men we have the physical connection between the two,
while to the idea conceived by Ealeigh and to the spirit of
conquest and colonization which his attempts on this island
called into existence, the English race in Europe, in Asia, in
Africa, in Australia and the islands of the sea, and in
America, owes the world-wide predominance which it today
enjoys among the races of mankind. Nothing can be clearer,
therefore, than that we, looking back over the events of the
last three centuries, can hail the Eoanoke settlements as the
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beginning of English colonization in America and through-
out the world.
The details of no event in English or American history
have been more faithfully recorded, or are better known than
the details of the three expeditions which Sir Walter Ealeigh,
during the years 1584-1S86, sent to Eoanoke Island. No
good purpose, therefore, would be served were I now to
repeat that familiar story. Of the authors of those events,
however, the same cannot be said. Even in England, whose
history was so greatly enriched by their splendid deeds, an
eminent British historian classes some of them as among
"England's forgotten worthies.^^ Their memory deserves a
better fate from English-speaking peoples on either side of
the Atlantic. Men who conceive and men who execute great
ideas should forever be held in honorable esteem that subse-
quent generations of their fellow-men may be inspired to
emulate their deeds and characters. Such a man was Walter
Raleigh, and such, too, were Philip Amadas, Arthur Bar-
low, Ralph lane, John White, Sir Francis Drake, Sir Rich-
ard Grenville, Thomas Cavendish and Thomas Harriot — that
group of brilliant soldiers, sailors, adventurers and scholars
whose names are inseparably connected with the story of
Roanoke and to whose genius England owes her immense
colonial empire of today.
The marvelous deeds by which these men laid the founda-
tions of that vast empire found their inspiration in loyalty
to queen and country, love of liberty, and devotion to reli-
gious convictions. At various times in English history an
attack on any one of these sentiments has been sufficient to
call forth the mightiest exertions of the English nation;
during the closing years of the sixteenth century all three
were attacked at one and the same time by one and the same
arrogant power. Philip 11 of Spain, proclaiming Elizabeth
of England an usurper, had laid claim to her throne. Mighty
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armies and navies had been levied and equipped throughout
his boundless dominions for the sole purpose of establishing
the despotism of Castile by overthrowing the liberties of
England. The Pope of Home had commissioned His Most
Catholic Majesty to lead a crusade against the National
Church of England and ^^to inaugurate on English soil the
accursed work of the inquisition/' As one man, without
regard to religious convictions or sectarian prejudices^ the
people of England sprang to the defense of the throne, the
constitution, and the church with an enthusiasm that stirs our
blood with pride even after the lapse of three centuries. In
this contest with Spain, England was "pitted against the
greatest military power that had existed in Europe since the
days of Constantino the Great To many the struggle
seemed hopeless. For England the true policy was limited
by circumstances. She could send troops across the channel
to help the Dutch in their stubborn resistance, but to try
to land a force in the Spanish peninsula for aggressive war-
fare would be sheer madness. The shores of America and
the open sea were the proper field of war for England. Her
task was to paralyze the giant by cutting off his supplies, and
in this there was hope of success, for no defensive fleet, how-
ever large, could watch all Philip's enormous possessions at
once."^ This was the work which was done so effectively by
Raleigh and Drake, Amadas and Barlow, Grenville and
Cavendish, that even until this day it has never been neces-
sary to do it over again.
Before I undertake to point out the special service which
entitles each of these men to an honorable place in our his-
tory, let me refresh your memories by stating briefly the
relation which each bore to the Roanoke settlements. The
connection of Sir Walter Raleigh with these events is known
of all men. Philip Amadas and Arthur Barlow, you will
remember, were the captains of the expedition dispatched
> Rdce: "Old VirgiikU and Her Neighbon." 1. 11, 22.
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BIB WAI.TEB BALEIGH AND HIS ASSOOIATES. 139
by Raleigh in 1584 to explore the country and select a place
for the contemplated colony. Ralph Lane was governor of
the colony sent out in 1585. The fleet in which his colony
sailed was under the command of Sir Richard Grenville.
With Grenville sailed that "wonderful SuflFolk boy/' Thomas
Cavendish^ aged twenty-two years, who, before he had reached
his twenty-ninth year, had rivaled the exploits of Sir Francis
Drake in the Pacific and circumnavigated the globe. Two
of the colonists with Lane were John White, afterwards gov-
ernor of the "Lost Colony," and Thomas Harriot, the histo-
rian and scientist of the colony, to whose scholarly narrative
we are indebted for most of our knowledge of its history.
And finally there was Sir Francis Drake, whose timely
arrival at Croatan in the summer of 1586 afforded Lane's
homesick men an opportunity of returning to England.
The impelling mind behind the achievements of these men
was the mind of Walter Raleigh. Grenville, Amadas, Barlow,
Cavendish, and the other glorious English "sea kings" of the
sixteenth century understood England's problem well enough
so far as it involved the ravaging of Spanish coasts and the
plundering of Spanish treasure ships. But Raleigh under-
stood that something greater and more permanent than such
exploits was needed to establish English supremacy in Eu-
rope and America. It was not sufficient for England to de-
stroy the power of Spain ; she must at the same time build
up the power of England. English colonies in North
America would not only offset Spanish colonies in the West
Indies, Mexico and South America, they would also develop
English commerce and afford an outlet for English manu-
factures. All this the far-seeing mind of Raleigh perceived
in his great design. The work of Grenville, Cavendish and
their fellow-rovers, though of vital importance to the accom-
plishment of England's destiny, was destructive; Raleigh's
work was constructive in the highest degree. "An idea like
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140 THlfi NORTH OABOLINA BOOKLBT.
his has life in it^ though the plant may not spring up at onoe.
When it arises above the surface the sower can claim it
Had the particular region of the New World not eventually
become a permanent English settlement^ he would still have
earned the merit of authorship of the English colonizing
movement^^* "Baffled in his first effort to plant the English
race upon this continent, he yet called into existence a spirit
of enterprise which first gave Virginia, and then North
America, to that race, and which led Great Britain, from this
beginning, to dot the map of the world with her colonies,
and through them to become the greatest power of the earth.''*
First among the agents selected by Raleigh to carry his
great design into execution were Philip Amadas and Arthur
Barlow. Though these two daring sailors were the pilots of
that great Anglo-Saxon migration from England to America
which ranks among the greatest events in the history of the
human race, yet the details of their lives are almost totally
unknown. The fact that they were selected by so keen a
judge of men as Sir Walter Raleigh to command his expedi-
tion sets them much above the average adventurers of their
day. They were, as we know, bold and experienced naviga-
tors. The manner in which they conducted the enterprise
entrusted to them showed them worthy of the trust placed in
them. No expedition into an unknown region was ever con-
ducted with more complete success. From first to last such
was the judgment and skill of the commanders that not a
single mishap occurred to mar their triumph. The report
which they sulanitted to Raleigh upon their return to
England reveals a thorough understanding of their profession
and an extraordinary keenness of observation coupled with
rare good judgment. In their dealings with the savages they
displayed firmness of temper guided by brilliant diplomacy
and clear comprehension of the savage character. That Sir
• StPbbm: " Sir Walter lUlech,'' p. 48.
• Henry: " Sir Walter RalelgV' in Wineor's Narratire and Critioal History of Amerioa,
m.ios.
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BIS WALTXB BALBIOH AND HIS ASSOOIATES. 141
Walter Raleigh was pleased witii the manner in which they
conducted their enterprise is evident from the fact that in
the colonj which he sent out under Ralph Lane, in 1585^ he
appointed Amadas to the high and responsible position of
"Admiral of Virginia.'^
In Ralph Lane, Raleigh found a leader in whom were
combined in a strange degree the character of the soldier and
the spirit of the adventurer. Lane delighted in bold and
arduous enterprises, but he always kept his eyes open to the
main chance. In his character there appears something of
the dauntless spirit of his cousin, the famous Catherine Parr,
the last queen of Henry VIII. We find him constantly asso-
ciated with Burghley, Walsingham, Raleigh, Drake, Haw-
kins and Grenville in those great events which give to the
reign of Elizabeth its chief glory. With Lord Burghley he
was on terms of confidential relation and appears frequently
in the character of his adviser upon important public affairs.
From the queen he received more than one weighty commis-
sion. In the very year in which Amadas and Barlow sailed
for the New World, Lane wrote that he "had prepared seven
ships at his own charges, and proposed to do some exploit on
the coast of Spain,^' and delayed only until he should receive
the queen's commission and the title of 'General of the
Adventurers.' " When all England was in a fever of excite-
ment over the approach of the Armada, called "Invincible,"
Lane was entrusted with carrying into effect measures for
the defense of the coast, and at a later date was appointed
"to assist in the defense of the coast of Norfolk." The next
year, after the Armada had been shattered, he sailed with
Drake on an expedition to the coast of Portugal, and in
1590 he was with Sir John Hawkins on a similar adventure.
During the Irish rebellion of 1598-1594 he served with the
royal army and won special commendation for his conduct
Yet in spite of the high consideration in which he was held
by England's great leaders, we are told that all his life Lane
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142 THE NOBTH OASOLINA BOOKLST.
was a great beggar. If so he was a royal beggar^ for he
begged only from his sovereign, as many greater men have
done, and in his mendicancy there was nothing mean or
groveling. Sir Henry Wallop complained to Lord Burghley
that Lane, while sheriff of County Kerry, Ireland, expected
'% have best and greatest things in Kerry, and to have the
letting and setting of all the rest^^*
Such was the man whom Raleigh selected to lead his first
colony. At the time Lane was on duty for the crown in
Ireland, but the queen ordered a substitute to be appointed
in his government of Kerry and Clammorris, "in considera-
tion of his ready undertaking the voyage to Virginia for Sir
Walter Raleigh at Her Majesty^s command.** The event
proved the wisdom of the choice. In his management of the
colony Lane displayed executive ability and foresight. His
dealings with the Indians were courageous and sagacious.
He pushed his explorations with energy and intelligence.
As Hawks has well said, a review of his conduct reminds us
forcibly of the proceedings of Captain John Smith under
circumstances not unlike his own. Lane remained at Roa-
noke only one year. At the end of that time force of cir-
cumstances over which he had no control compelled him to
choose between starvation and the abandonment of the under-
taking. Like a prudent man upon whom devolved the re-
sponsibility of men's lives, after making every reasonable
effort to carry his work to successful conclusion, he reluct-
antly and regretfully chose the latter alternative. For this
choice historians have censured him because, a few days
after his departure, Sir Richard Grenville arrived at Roanoke
with men and supplies sufficient to have placed the colony on
its feet. But Grenville had long been overdue, and fairness
to Lane requires that we should judge his conduct by the
information which he had at the time, not by that which we
now have. It is plain that he had no intention of returning
« Sea "Diotioiwry of Nationml Biographv," XXXII. 77-78; aIm Sftinsbury's *' Celendw
of State Papen; Colonial Seriee, Ift74-1M07' 3-ft.
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Sm WALTER BALEIQH AND HIS A8SO0IATE8. 148
to England until driven to it, as he said, by "the very hand of
God as it seemed." Certainly Elizabeth, Ealeigh, Drake
and England's other great leaders, did not regard his course
unfavorably, for we find them shortly afterwards, at that
supreme moment in England's history when the great Armada
was bearing down on her coast, summoning him to their most
secret councils of war and entrusting him with important
commands; and in 1598, as a reward for services to the
crown, we see him kneeling before the great queen's repre-
sentative to receive the honor of knighthood. Dire necessity
occasioned by causes beyond the control of man drove him
against his will to his final decision and put an end to the
first attempt to found an English colony in America.
The fieet which transported Lane's colony to Roanoke was
under the command of one of the most remarkable men in an
age of remarkable men. Sir Richard Grenville combined in
his character all the faults and virtues of the age in which
he lived. Brave, loyal and ambitious, he was proud, tyran-
nical and cruel. Ralph Lane complained of his "intolerable
pride and insatiable ambition" during the voyage to Roanoke,
and declared that by reason of his "tyrannical conduct from
first to last, the action has been most painful and most per-
ilous."* From others of his contemporaries, as well as from
his own conduct, we learn that he was a man of "very unquiet
mind and greatly aflFected to war," and that his nature was so
"very severe" that *Tiis own people hated him for his fierce-
ness." But if his followers hated him for his cruelty, they
admired him for his daring. No enterprise was too hazard-
ous for his courage, no hardship too severe for his endurance,
if it oflFered opportunity for either riches or glory. To
his credit let it be said that with Grenville the search for
wealth was a mere incident in his search for fame. Li the
service of his queen and country he counted no odds too great
if only glory and honor waited upon success.
• Luw to WftlnnghAm, '* Calendar of SUte Papers. Colonial Seriea," 8.
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144 THB NOBTH OABOLINA BOOKLET.
Grenville's career is intimately connected with the events
which we commemorate today. He first became interested
in America through Sir Humphrey Gilbert, whose untimely
death cut off prematurely one of the choicest spirits of the
Elizabethan Era, After Gilbert's death he allied himself
with his cousin, Sir Walter Raleigh, by whom he was placed
in command of the fleet which bore Lane's colony across the
Atlantic. That he did not underestimate the importance of
the part he played in that event is shown by the fact that upon
his return to England he wrote to Walsingham that he "had
performed the action directed and discovered, taken posses-
sion of and peopled a new country and stored it with cattle,
fruits and plants." Returning from Roanoke in 1585 he
had his first brush with Spain when he was attacked by a
Spanish man-of-war which, "after some fighting," he over-
powered and captured. The following year he made a second
voyage to Roanoke, which he found deserted. Leaving fifteen
men to retain possession he again turned his prow eastward.
No good British sailor of the sixteenth century thought
that he had done his full duty to the queen if he crossed the
Atlantic without carrying home some trophy of his prowess
won from Spain. Grenville was not the man to form an
exception to this rule. On his return voyage, in 1586, he
touched at the Azores long enough to attack, capture and pil-
lage the Spanish towns there and to carry off for ransom a
number of important prisoners. In all the British kingdom
Spain had no more implacable foe, nor a more dangerous one.
Not Drake himself held her power so cheaply or manifested
his contempt more plainly.
Grenville's adventurous career was finally brought to a
close by an amazing exploit "memorable even beyond credit
and to the height of some heroical fable" — an exploit com-
memorated by Tennyson in one of the most stirring ballads
in our language. It was in the year 1591. Lord Thomas
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SIR RICHARD GRENVILI^.
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SIB WALTEB KAXEIGH AND HIS ASSOOIATBS. 145
Howard, commanding a squadron of sixteen sail, had taken
post at the Azores to intercept the Spanish treasure fleet upon
its annual voyage from Mexico and Peru to Spain. In this
squadron was the Revenge, commanded hy Sir Richard Qren-
ville, vice-admiral of the fleet, a ship of 500 tons burden,
carrying a crew of 250 sailors. In the great fight against
the Armada she had been the flagship of Sir Francis Drake,
yet it is not Drake, but Grenville whose name occurs to us
when the Revenge is mentioned. Soon after his arrival at
the Azores, scurvy broke out among Lord Howard's crew
and in a short time half his men were down with this hideous
disease. While the epidemic was at its climax, a swift dis-
patch boat from England JEurived on the scene with tidings
that a powerful Spanish armament of fifty-three sail was
bearing down upon the English fleet.
Then sware Lord Thomas Howard: " 'Fore Ood, I am no coward!
But I cannot meet them here, for my ships are out of gear,
And the half of my men are sick. I must fly, but foUow quick.
We are six ships of the line; can we fight with fifty-threer*
Then spake Sir Richard Grenville: "I know you are no coward;
Tou fiy them for a moment to fight with them again.
But I'ye ninety men and more that are lying sick ashore.
I should count myself the coward if I left them, my Lord Howard,
I To these Inquisition dogs and the devildoms of Spain."
I
So Lord Howard, crowding his sails, departed, leaving
Grenville to follow as soon as he had brought his sick men
aboard.
And they blessed him in their pain, that they were not left to Spain,
To the thumbscrew and the stake, for the glory of the Lord.
Scarcely had Sir Richard completed his task when the
Spanish fleet, carrying five thousand sailors, hove in sight.
Then the sturdy British tars, hankering for a tussle with the
Dons, inquired of their leader:
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146 THE NOBTH OABOLIHA BOOKLET.
"Shall we fight or shall we fly?
Good Sir Richard, tell us now.
For to fight is but to die!
There'll be little of us left by the time the sun be set"
And Sir Richard said again: "We be all good Englishmen.
Let us bang these dogs of Seville, the children of the deyil,
For I never turned my back upon Don or devil yet."
Cheer after cheer from the throats of the British seamen
greeted this stirring reply as —
sheer into the heart of the foe,
With her hundred fighters on deck, and her ninety sick below,
the little Revenge plunged into the midst of the jeering
Spaniards.
Four galleons drew away
From the Spanish fieet that day.
And two upon the larboard and two upon the starboard lay.
And the battle-thunder broke from them all.
• ••••••
And the sun went down, and the stars came out far over the sum-
mer sea.
But never a moment ceased the fight of the one and the fifty-three.
Ship after ship, the whole night long, their high-built galleons came.
Ship after ship, the whole night long, with her battle-thunder and
flame;
Ship after ship, the whole night long, drew back with her dead and
her shame.
For some were sunk and many were shatter'd, and so could fight us
no more —
Qod of battles, was ever a battle like this in the world before?
Wounded to the death, as he lay upon his deck, Sir Rich-
ard Grenville cried :
"Sink me the ship. Master Gunner— sink her, split her in twain!
Fall into the hands of God, not into the hands of Spain!"
And the gunner said, "Ay, ay," but the seamen made reply:
"We have children, we have wives.
And the Lord hath spared our lives;
We will make the Spaniards promise, if we yield, to let us go;
We shall live to fight again, and to strike another blow."
And the lion there lay dying, and they yielded to the foe.
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SIB WALTBB AAXEIGH AND HIS ASSOCIATES. 147
And the stately Spanish men to their flagship bore him then.
Where they laid him by the mast, old Sir Richard caught at last.
And they praised him to his face, with their courtly foreign grace;
But he rose upon their decks, and he cried:
"I have fought for Queen and Faith like a valiant man and true;
I have only done my duty as a man is bound to do;
With a Joyful spirit I, Sir Richard Qrenville, die!"
And he fell upon their decks, and he died.
The modem historians, who are accurate if not entertain-
ingy tell us that of the fifty-three ships in the Spanish fleet,
thirty-eight were transports and only fifteen were men-of-
war. But whether fifteen or fifty-three makes but slight dif-
ference. ^'When we have before us the fact that 150 men
during fifteen hours of hand-to-hand fighting held out against
a host of 5,000, and yielded only when not more than twenty
were left alive, and those grievously wounded, the story
* * * is not rendered more interesting and scarcely less won-
drous by trebling the number of the host.'' And we are pre-
pared to believe James Anthony Froude, although his critics
assure us that he had no authority for his statement, when
he tells us that this action of the Revenge ^'struck a deeper
terror, though it was but the action of a single ship, into the
hearts of the Spanish people; it dealt a more deadly blow
upon their fame and moral strength than the destruction of
the Armada itself, and in the direct results which arose from
it it was scarcely less disastrous to them.''*
One of the vessels of Grenville's fleet which conveyed
Lane's colony to Roanoke in 1585 was commanded by
Thomas Cavendish, in whom Qrenville must have found a
congenial spirit. Cavendish, like many other noblemen and
gentlemen of the times, having squandered his patrimony,
had determined to repair his fortune at the expense of the
common enemy. . The voyage to Boanoke, made in a ship
fitted out at his own charge, was his first maritime adventure.
He proved an apt scholar of his masters, Qrenville and Drake.
• Sm "Diotiooanr of National Biograpiiy/' XXm, 133-194; "Calendar of SUto
Papen," 3^ ^ »"^
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148 THE NOBTH OABOLINA BOOKLET.
While waiting at San Juan de Porto Eico, ostensibly to
build a pinnace, he and Grenville pounced upon and cap-
tured two Spanish frigates which contained ^^good and rich
freight and divers Spaniards of account," whom they ran-
somed "for good, round sums." This employment we can
well believe proved more congenial to the tastes and temper
of Cavendish than Raleigh's scheme of "Westeme Planting."
Upon his return from this voyage Cavendish, incited by
the exploits of Drake and Hawkins, prepared on his own
account an expedition to circumnavigate the globe. His
fleet consisted of three small vessels, the Desire, 140 tons;
the Content, 60 tons, and the Hv{ih Oallant, 40 tons, and car-
ried 123 sailors. Sailing from the west coast of England,
Cavendish steered straight for the Spanish main where he
repeated the exploits of Drake, sinking Spanish ships, burn-
ing Spanish towns and ravaging Spanish coasts. Through-
out Spanish-America his name soon became a signal for ter-
ror and consternation. Running down the Atlantic coast of
South America he passed through the Strait of Magellan
out into the Pacific Hunger, storms and battles had so re-
duced the number of his crew that he found it advisable to
sink the Hugh OaUant, and with the Desire and the Content
pursued his voyage northward until he touched Lower Cali-
fornia. There falling in with the Qreat St. Annd, 700 tons,
the private property of the king of Spain, he took her after
a desperate battle of six hours. Her cargo of 600 tons of
the richest merchandise and more than $20,000 worth of
gold, proved a prize well worth taking. Yet so heavily were
his ships already loaded with Spanish plunder that Caven-
dish was forced to send the greater part of this new treasure
to the bottom along with the stately Spanish galleon. The
historian of the expedition, an officer aboard the Desire, de-
clares that 'Hhis was one of the richest vessels that ever sailed
the seas ; and was able to have made many hundreds wealthy
if we had had means to have brou^t it home." Satisfied now
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BIB WALTBB BALBIGH AND HIS ASSOOIATBS. 149
with the results of his expedition, Cavendish decided to leave
the Content to pursue her own way, and on November 19,
1687, turned the prow of the Desire homeward by way of the
Cape of Good Hope. "On September 10, 1588," records
the chronicler of his exploits, '^ike wearied men, through the
favor of the Almighty, we got into Plymouth, where the
townsmen received us with all humanity."
All England rang with the fame of Cavendish. His ex-
ploits became the theme of ballads and his name was on every
man's tongue. For a time he held his head high among the
best of England's naval heroes. Soon, however, he found
that a fortune so easily gained was as easily lost "Gal-
lantry and following the court" quickly depleted his purse
and he again looked toward the usual storehouse with a crav-
ing that was not to be resisted. In 1591 he fitted out a
second expedition for the Spanish main, but he now sailed
under an evil star. Fortune deserted him and after suffer-
ing untold horrors from hunger, storms and desertions, he
died at sea in 1592, it is said of a broken heart Something
of the endurance required of English seamen of the sixteenth
century may be understood when we learn that of the seventy-
six men who sailed with Cavendish on this luckless voyage
only a "small remnant" of fifteen lived to return and they
were so weak from hardships and suffering that when they
arrived off Bearhaven, Ireland, they "could not take in or
heave a sail."^
In the summer of 1586, while Lane and the colonists at
Roanoke were anxiously awaiting the long overdue return of
Grenville with supplies from England, their anxiety was re-
lieved by the appearance off Croatan of Sir Francis Drake
with a fleet in which were counted twenty-three sails. He
was a welcome visitor, for he began at once to make prepara-
tions to supply the colony with all needful things. But
f ''Dictionary of NAtional Biography/' IX, 368-863.
2
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150 THE NOETH CAROLINA BOOKLET.
while these measures were under way a storm arose which
put an end to all plans for relief and resulted in the embark-
ation of Lane and his homesick men for England.
The man who thus came to the rescue of the forlorn group
on Roanoke Island was ^^until ^N^elson's time celebrated as
the greatest of English seamen." Like Raleigh and Grenville,
he was a native of that county of Devon whence have come so
many of England's mighty sailors. Drake's mind and char-
acter raise him to a height far above Grenville and Caven-
dish and place him in the company of Raleigh, Blake and
Nelson. To Raleigh and Drake, more than to any other
men, England owes her world-vdde colonial empire. As the
former first put into practice the policy of breaking down
Spain's colonial power by planting rival colonies in the New
World, so the latter first carried into world-wide execution
the allied policy of destroying Spain's maritime power by
attacking her in American waters. His naval career was
begun under no less a leader than Sir John Hawkins, and of
course came at once into hostile collision with Spain. Span-
ish rapacity, cruelty and bigotry, we are told, "taught him
the same kind of feeling toward Spaniards that Hannibal
dierished toward Romans." Like Hannibal, he swore an
eternal enmity to his foe, but in pursuit of his passion he
deserved and met with a far better fate.
The most notable of his numerous exploits was the voyage
in the Oolden Hind which first carried the flag of England
around the globe. Passing through the Strait of Magellan,
with a single ship of only twenty guns, he skirted along the
west coast of South America and "from Valparaiso north-
ward along the Peruvian coast, dashed into seaports and cap-
tured vessels, carrying away enormous treasures in gold and
silver and jewels. * * * With other property he meddled
but little, and no act of wanton cruelty sullied his per-
formances. After taking plunder worth millions of dollars
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SIB WALTEB BALEIGH AND HIS ASSOOIATBS. 151
this corsair-work gave place to scientific discovery, and the
Qolden Hind sailed far northward in search of a northeast
passage into the Atlantic." In the course of this voyage
Drake looked in at the Golden Gate, took possession of Cali-
fornia in the name of Queen Elizabeth, christened it New
Albion, and after sailing as far northward as Oregon, turned
his prow into the Pacific, thence over the Indian Ocean, and
rounding the Cape of Good Hope, sailed into the harbor of
Plymouth in September, 1580. "The romantic daring of
Drake's voyage," says John Richard Green, "as well as the
vastness of the spoil, aroused a general enthusiasm through-
out England. But the welcome he received from Elizabeth
on his return was accepted by Philip as an outrage which
could only be expiated by war. Sluggish as it was, the blood
of the Spanish king was fired at last by the defiance with
which Elizabeth received all demands for redress. She met a
request for Drake's surrender by knighting the freebooter,
and by wearing in her crown the jewels he had offered her as
a present. When the Spanish Ambassador threatened that
Matters would come to the cannon/ she replied, ^quietly, in
her most natural voice, as if she were telling a common story/
wrote Mendoza, 'that if I used threats of that kind she would
fling me into a dungeon.' " One enthusiast, in an ecstasy
of admiration, declared that the Oolden Hind ought to be
set upon the top of St. Paul's Cathedral, "that being dis-
cerned f arre and neere, it might be noted and pointed at of
the people with these true terms: Yonder is the barke that
hath sailed round about the world."
In the same year in which Lane's colony landed on Boa-
noke Island, war having been declared against Spain, Drake
fitted out a superb fleet of twenty-three sails and embarked
for the Spanish main. On this expedition he took and
sacked Cartagena, St. Domingo and St Augustine and cap>
tured twenty prizes carrying 250 cannon.
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152 THB NOBTH OABOLINA BOOKLET.
After these exploits Drake turned his prow northward and
skirted along the eastern coast of North America until he
came to Koanoke, where he stopped to take a look in upon
Raleigh's colony. He was a welcome visitor for, says Lane,
he made "a most bountiful and honorable offer for the sup-
ply of our necessities to the performance of the action we
were entered into; and that not only of victuals, munitions
and clothing, but also of barks, pinnaces and boats; they
also, by him to be victualled, manned and furnished to my
contentation." But while preparations were being made to
carry these generous measures into execution "there arose
such an unwoonted storme, and continued foure dayes that
had like to have driven all on shore, if the Lord had not held
His holy hand over them." The vessels of Drake's fleet
were "in great danger to be driven from their ankoring upon
the coast. For we brake many cables and lost many ankors.
And some of our fleet which had lost all (of which number
was the ship appointed for Master Lane and his company)
was driven to put to sea in great danger in avoyding the
coast, and could never see us againe untill we met in
England. Many also of our small pinnaces and boats were
lost in this storm." As a result of this experience Lane,
after consultation with Drake, decided to embark his colony
for England. Then Drake, "in the name of the Almighty,
weying his ankers (having bestowed us among his fleet,)"
says Lane, "for the reliefe of whom hee had in that storm
sustained more peril of wrake than in all his former most
honorable actions against the Spanyards, with praises unto
God for all, set saile the nineteenth of June, 1586, and
arrived in Plymouth the seven and twentieth of July the
same yeere."
The next year, in an exploit which thrills our blood even
at this day, Drake reached the climax of his daring and
audacity. Cruising along the coast of Spain, he suddenly
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SIB WALTSB &AXBIGH AND HI8 ASSOOIATBS. 153
dashed into the harbor of Cadiz, attacked and sunk the men-
of-war there on guard, loaded his ships with the spoils of
Mexico and Peru, and calmly set his sails for England. This
work he laughingly called "singeing the King of Spain's
beard." Philip, one day, invited a lady of his court to go
on board his barge on the Lake of Segovia. But the pru-
dent lady declined, saying that she dared not trust herself
on water even with his Majesty "for fear of Sir Francis
Drake."
It was with their spirits chafing at the insults but cowed
by the daring and skill of the English seamen that the sailors
and soldiers of Spain set sail in their Invincible Armada
for the conquest of England. In that wonderful world-
victory for freedom which an eminent historian calls "the
opening event in the history of the United States," the name
of Sir Francis Drake stands high on the roll of conquerors.*
Before taking leave of Cavendish, Grenville and Drake, I
wish to say just a word in regard to the character of the war-
fare which they waged. In the twentieth century we should
call those who engaged in such exploits pirates, and their
work piracy. But we should do a grave injustice to the
memory of those bold men who opened the way to the plantr
ing of English civilization in the New World if we should
so think of them. The strict and well-defined principles of
international law now prevailing throughout the civilized
world were totally unknown during the sixteenth century.
A Spanish fleet massacred a colony of French Huguenots in
Florida and a French ship, fitted out by a private gentleman,
retaliated in full measure at a time when the two countries
were nominally at peace with each other. As John Fiske
says: "A flavour of buccaneering pervades nearly all the
maritime operations of that age and often leads modem
writers to misunderstand or misjudge them. Thus it some-
• " DictionaiT of National Biosraphy." XV. 4S9-44S ; Froude : " Enclish Seamen of tbe
Sixteenth Century;** Green: *' History of the English People."
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154 THB NOBTH CAROLINA BOOKLBT.
times happens that so excellent a man as Sir Francis Drake,
whose fame is forever a priceless possession for ^English-
speaking people, is mentioned in popular books as a mere
corsair, a kind of gentleman pirate. Nothing could show a
more hopeless confusion of ideas. In a later generation the
warfare characteristic of the Elizabethan age degenerated
into piracy, and when Spain, fallen from her greatness, be-
came a prey to the spoiler, a swarm of buccaneers infested
the West Indies and added another hideous chapter to the
lurid history of those beautiful islands. They were mere
robbers, and had nothing in common with the Elizabethan
heroes except courage. From the deeds of Drake and Haw-
kins to the deeds of Henry Morgan, the moral distance is as
great as from slaying your antagonist in battle to murdering
your neighbor for his purse."* Even England has on her
honor rolls of ten centuries no more glorious deeds, no more
honorable names than those of Walter Ealeigh, Richard
Grenville and Francis Drake. So effectively did those dar-
ing men do their work that Philip II, once the mightiest and
richest of European monarchs, lived to see his maritime
power shattered, his treasury empty and his glory departed.
Until this work had been done there could be no hope that
English colonies could be successfully planted in America.
Among those who accompanied Lane to Roanoke in 1586
were John White, the artist of the expedition, sent by Raleigh
to make drawings of the country and its people, afterwards
governor of the Lost Colony ; and Thomas Harriot, the his-
torian and scientist of the colony. To none who bore a part
in the efforts to plant a colony on Roanoke Island, save to
Raleigh alone, do we owe more than to White and Harriot
The work of "these two earnest and true men" — the splendid
pictures of the one and the scholarly narrative of the other —
preserve for us the most valuable information that we have
of "Ould Virginia." They were the intimate friends of
• "Old VirginU and Her Neighbora/' 1, 24.
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SIB WALTBB RALEIQU AND HIS ASSOCIATES. 155
Raleigh whose love and loyalty could be affected by no degree
of prosperity or ill fortune. "Raleigh," says Henry Stevens,
"was blessed in his household, or at his table, or in his confi-
dence, with four sterling adherents who stuck to him through
thick and thin, through prosperity and adversity. These
were Richard Hakluyt, Jacques Le Moyne, John White and
Thomas Harriot. When Wingandacoa makes up her jewels
she will not forget these four, whom it is just to call
Raleigh's Magi. * * * Together Harriot and White
surveyed, mapped, pictured and described the country, the
Indians, men and women; the animals, birds, fishes, trees,
plants, fruits and vegetables."
We are told that whoever compares the original drawings of
White with the engravings of De Bry, "as one may now do
in the British Museum, must be convinced that, beautiful as
De Bry's work is, it seems tame in the presence of the origi-
nal water-colour drawings. There is no exaggeration in the
engravings." The late Henry Stevens, of Vermont, whose
work was done principally in London, who describes himself
as "Student of American History, Bibliographer and Lover
of Books," predicts that '^White's name in the annals of
English art is destined to rank high though it ha» hitherto
failed to be recorded in the art histories and dictionaries.
Yet his seventy-six original paintings in water-colours, done
probably in Virginia in 1585-1686, while he was there with
Harriot as the oflScial draughtsman or painter of Raleigh's
Tirst Colonie' entitle him to prominence among English
artists in Elizabeth's reign."
Thomas Harriot was one of the most eminent scholars of
his age. No name in English history deserves to take prece-
dence of his in scientific achievement. A graduate of St.
Mary's Hall, Oxford, he was engaged by Sir Walter Raleigh
to reside with him as his mathematical tutor and adviser in
iis maritime adventures. In this capacity he was sent by
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166 THE NOBTH OABOLINA BOOKLET.
Raleigh to Eoanoke with Lane^ and upon his return pub-
lished at London, in 1588, "A Brief and True Report of
the New-found Land of Virginia." This work attracted
wide attention both in England and on the continent where
it was translated into Latin. The Edinburgh Review de-
scribed it as a work "remarkable for the large views it con-
tains in regard to the extension of industry and commerce,"
and as one of the finest examples in existence of statistical
surveys on a large scale. Harriot, in spite of weak health
which, he complained, made him unable to write or even
think accurately, and prevented his completing or publish-
ing his work, won a place among the great astronomers and
mathematicians of the world. After his death some of his
mathematical discoveries were published by his friend, the
Earl of Northumberland. "This work," we are told, "em-
bodies the inventions by which Harriot virtually gave to
Algebra its modem form." Had Harriot "published all he
knew in algebra," says a modem scholar, "he would have left
little of the chief mysteries of that art unhandled." In
astronomy he applied the telescope to celestial purposes si-
multaneously with Galileo with whose name his is forever
associated in one of the greatest branches of human knowl-
edge. By his wonderful work in mathematics and astronomy
Thomas Harriot, the historian and scientist of Roanoke, won
for himself a place among "the immortal names that were
not born to die."'^
Such were the men, and such was their work which won
for English-speaking people the noblest portion of the New
World. Without their work all the statesmanship of Burgh-
ley and Walsingham would have been ineffective, Elizabeth's
glorious reign would probably have ended in disaster and
shame, and a long arctic night of bigotry and superstition,
like the Dark Ages, would have enveloped Europe in its
black and impenetrable folds. That these calamities were
>* Stcrens: " Thomas Hariot and His Associates."
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BIB WALTER BAXEIOH AND HIS ASSOOIATES. 157
averted, that the power of Spain was crushed never to rise
again, that the England of Elizabeth, Shakespeare and Ra-
leigh triumphed over the Spain of Philip, Alva and Menen-
dez, and that English ideals of liberty and law prevail
throughout the northern part of America today, the English
race throughout the world may thank Sir Walter Raleigh
and those bold and daring seamen and adventurers who
shattered Spain's naval power and here at Roanoke seized
the best part of the New World for England. May we in
America never forget that the glorious achievements of the
Raleighs, the Drakes and the Grenvilles of that generation
are as much a part of our inheritance as are the achievements
of the Hancocks, the Jeffersons, the Hametts and the Wash-
ingtons of a later generation.
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168 THE NORTH OABOLINA BOOKLET.
GOVERNOR BENJAMIN SMITH*
BY COLLIER COBB,
ProfeaBor of Geology in the University of North Carolina.
Addressing Governor Kitchin, Professor Cobb said:
May it Please Your Excellency:
On behalf of the North Carolina Society of the Sons of
the Revolution, I present through you to the State of North
Carolina the portrait of Benjamin Smith, patriot, legislator,
soldier, statesman, and philanthropist; builder of highways
and of fortifications ; conservationist and drainer of swamps ;
opener of waterways; believer in education for every child
within the State, and the first benefactor of the University;
Grand Master of Masons; Governor of North Carolina one
hundred years before bis time, and dreamer of dreams which
you, sir, now help to make come true.
LIFE AND PUBLIC SERVICES OF BENJAMIN SMITH.
Benjamin Smith's education began more than a hundred
years before he was bom, for he came of a race of men who
did things. He was descended from Sir John Yeamans,.
from old King Roger Moore, and his grandmother. Lady
Sabina Smith, was the daughter of Thomas Smith, second
Landgrave of his name in South Carolina. The father of
our present subject was Colonel Thomas Smith, of South
Carolina. So far as is known no relationship existed be-
tween him and his wife, whose name (as just stated) was
also Smith. Thomas Smith, the first Landgrave, had seen
rice cultivated in Madagascar ; and one day, in 1696, when a
sea captain, an old friend of his, sailed into Charleston Har*
bor from Madagascar, Thomas Smith got from him a bag of
rice seed. This was carefully sown in a wet place in Smith's
* Address delivered in the Hall of the House of Representatiyes at Raleish^ November
15, 1011, on the occasion of the presentation of portrait of Qovemor Smith to the State by
the N<^th Carolina Society <A tne Sons <A the Revolution.
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From the Painting by JAgrKs Busbee.
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OOVEBNOB BENJAMIN SMITH. 159
garden in Charleston. It grew, and the two Carolinas were
changed into a land of great rice plantations. His great-
grandson, Benjamin Smith, was later owner of the best rice
plantation in North Carolina, a portion of the original grant
to Landgrave Smith, who tried to establish settlements on the
Cape Fear River in 1690. Also to be counted among his
close kindred were the Bees and GrimkSs, of South Carolina,
and the Rhetts, who changed their name from Smith to that
of their grandmother, Catherine Rhett, whose family in
South Carolina had become extinct. Benjamin Smith
thus came of a breed possessing ability, means, and position.
The William Smith who introduced the culture of cotton
into Virginia in 1621 is said to have been of the same stock.
While the public acts and many details of the private life
of Benjamin Smith may be gathered from the records of his
time, both State and National, and from the rather volumi-
nous correspondence of his distinguished contemporaries, the
date of his birth and the manner and place of his burial have
frequently been brought into question. The weight of author-
ity favors January 10, 1756, as his birthday, and Jan-
uary 10, 1826, his seventieth birthday, as the date of his
death. Still there are those who contend that he was bom
in 1750, and that he died on the 10th of February, 1829.
But a contemporary newspaper, the Raleigh Register, of
February 14, 1826, has a notice of his death as having oc-
curred recently at Smithville.
We know nothing, however, concerning his childhood and
youth, but he must have received careful training, for we
are told that, "While still young, just twenty-one years of
age, he served as aide-de-camp of General Washington in the
dangerous but masterly retreat from Long Island after the
defeat of the American Army in August, 1776. He behaved
with conspicuous gallantry in the brilliant action in which
Moultrie, in 1779, drove the British from Port Royal
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160 THE NOBTH OABOLINA BOOKLET.
Island, and checked for a time the invasion of South Caro-
lina. A Charleston paper says: 'He gave on many occa-
sions such various proofs of activity and distinguished
bravery as to merit the approbation of his impartial coun-
try.' " Yet during the siege of Charleston, in 1780, a blun-
der of Smith's brought about the premature surrender of the
city on the 12th of May. "Mr. Smith sent a letter to his
wife by Mr. Rutlege, who was taking to the Governor a com-
munication that had been confided to him orally, with the
strictest injunction that no written communication be taken
from the garrison. A letter addressed by a friend to his
wife under assurance that it was only a family letter, Mr.
Rutledge unwarily considered it no violation of his instruc-
tions. He was captured soon after he left the town and
printed copies of the letter were next day thrown into the
garrison in unloaded bombshells, and most unaccountably,
through a secret agency, dispersed through all parts of the
town in printed handbills. The letter plainly told that the
garrison must soon surrender, that their provisions were
expended, and Lincoln only prevented from capitulating by
a point of etiquette. From this time hope deserted the gar-
rison, while the reanimated efforts of the enemy showed their
zeal revived." Lincoln surrendered the fort, and Charleston,
with its stores, its advantages, and the army that defended it,
fell into the hands of the British commander. Smith prob-
ably hastened the surrender just a little, but he did not cause
it; for historians are generally agreed that Lincoln should
have fled and saved his army soon after Clinton began en-
girdling the city about the 1st of April, and before the British
fleet a week later ran by Fort Moultrie and entered the
harbor.
In 1783 we find Benjamin Smith in the General Assembly
of North Carolina, representing Brunswick County in the
Senate. He was a member of the Constitutional Convention
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GOVEBNOB BENJAMIN SMITH. 161
of 1788, that declined to accept the Federal Constitution,
and in that body did all in his power to secure its adoption,
since he was an ardent Federalist. He was a member of
the convention that adopted the Constitution in 1789, and
was on the committee that prepared the amendments which
North Carolina proposed to the Constitution of the United
States. He had some support for the Senatorship in 1789,
but Benjamin Hawkins was elected. This Legislature of
1789 chartered the University of North Carolina, and Smith
was named among the most eminent men of the State com-
posing the first board of trustees. At the first meeting of
the board, on the 18th of December, 1789, Colonel Smith
oflFered to the University warrants for 20,000 acres of land
in Tennessee that he had received as pay for his distinguished
services in the Revolution, and he handed over the warrants
at the second meeting of the board in 1790. He remained a
trustee of the University until 1824, and took great pride in
presiding over the meetings of the board during his term as
Governor of the State.
The warrants Colonel Smith gave were for land located
in Obion County, in the extreme northwest part of Tennes-
see. By the Treaty of Hopewell in 1795 the United States
ceded this territory to the Chickasaw Indians. In 1810 the
most terrific earthquake that has ever visited the interior of
our country turned portions of this region into lakelets, and
a large part of the University's tract is now occupied by
Reelfoot Lake, the scene of the night-rider raid of a few
years ago. It was not until twenty-five years afterward
that a sale was effected, realizing $14,000 for the University.
Smith Hall, built for a library half a century after the gift
of the land warrants and today occupied by the Law School,
the most attractive building on the campus, commemorates
the munificence of Colonel Smith.
In 1791 Smith again became a member of the Assembly,
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162 THE NORTH CABOLINA BOOKLET.
and except for the three years, 1801, 1802 and 1803, he con-
tinued in the State Senate until his election as Governor in
the fall of 1810, and he was again in the Senate in 1816.
He was Speaker of the Senate from 1795 to 1799. In 1800
he was defeated for the Speakership by Joseph Riddick, and
in the next election he was defeated for the Senatorship by
William Wingate, a Jeffersonian Democrat In that day
personal conflicts growing out of political differences were
by no means unusual, and there is a tradition of a duel that
Smith fought with Thomas Leonard, a political opponent,
in which the Gteneral was seriously wounded. The ball
could not be extracted, and the Governor carried it in his
thigh to the end of his days.
During his career as a legislator he served on many im-
portant committees, and he always voted as a strict partisan.
He favored the making of roads, the building of causeways,
the draining of bog lands, the foresting of dunes, and the
keeping open of rivers and creeks at their falls for the free
passage of fish. As a Member of the Assembly he bitterly
opposed the founding of the city of Raleigh, and the removal
of the capital from Fayetteville and again from New Bern.
In contemplation of a war with France, or of a second
conflict with England, while General Washington was still
President, Colonel Smith was made Brigadier-General of
Militia, 1796. When a struggle with France seemed immi-
nent, during the presidency of John Adams in 1797, the
entire militia force of Brunswick County, ofiicers and men,
roused to enthusiasm by a speech General Smith made them,
volunteered to follow his lead in the service of their country.
In 1810, when trouble with England was culminating, he
was again made Brigadier-General of his county forces.
In that same year he was elected Governor of North Caro-
lina, and in his message to the Gteneral Assembly, November
20, 1811, he recommended the adoption of a penitentiary
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OOVEBNOB BENJAMIN SMITH. 163
system, and appealed for a reform of the too sanguinary
criminal code of the State. He also advised encouraging
"domestic manufactures employing those persons who are un-
able or unfit to till the soil/^ the improving of the militia, and
the establishment of public schools. In recommending the
schools he said: "Too much attention can not be paid to
the all-important subject of education. In despotic govern-
ments, where the supreme power is in the possession of a
tyrant or divided amongst an hereditary aristocracy (gener-
ally corrupt and wicked), the ignorance of the people is a
security to their rulers ; but in a free government, where the
offices and honors of the State are open to all, the superiority
of their political privileges should be infused into every
citizen from their earliest infancy, so as to produce an enthu-
siastic attachment to their own country, and ensure a jealous
support of their own constitution, laws, and government, to
the total exclusion of all foreign influence or partiality. A
certain degree of education should be placed within the reach
of every child in the State ; and I am persuaded a plan may
be formed upon economical principles that would extend this
boon to the poor of every neighborhood, at an expense trifling
beyond expectation, when compared with the incalculable
benefits from such a philanthropic and politic system." Ex-
cusing the rhetoric, this might have been written a century
later.
Upon retiring from the gubernatorial office he entered
upon the carrying out of certain engineering plans which he
had advocated as legislator and Governor for the improve-
ment of conditions within the State. He stood for the best
of what has characterized each and every administration
from the time of Governors Vance and Jarvis to the days of
Aycock and Glenn and of Tour Excellency. He lived just
one hundred years before his time. He could not long re-
main out of politics, and in 1816 his neighbors returned him
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164 THE NOBTH CAROLINA BOOKLET.
to the State Senate. General Smith was a zealous Mason,
and during his prime was for three years, from 1808 to 1811,
Grand Master of the Grand Lodge of North Carolina,
Up to 1792 there were no homes in the neighborhood of
Fort Johnston, near the mouth of the Cape Fear River, and
Mr. Joshua Potts, of Wilmington, who made the first move-
ment toward establishing a town there, has given us an in-
teresting account of the settlement of Smithville in a manu-
script that has come down to us, and published in 1904 by
the University of North Carolina in James Sprunt His-
torical Monograph No. 4, pp. 86-90. Mr. Potts has told us
how he and certain of his friends in 1790 undertook to lay
oflF a town there and obtain a charter. Their plan was un-
expectedly opposed in the Legislature by Colonel Smith, and
the charter for the town of '^Nashton," as they purposed
calling the place, was defeated. A year after the defeat of
the bill at Fayetteville, General Smith's neighbors who fa-
vored the bill determined that he should not be sent to the
Assembly unless he would do his best to have an act passed
for the intended purpose. General Smith accepted the con-
ditions, was elected, and made good his word. The act was
passed at New Bern in 1792. General Smith, when he re-
turned from the Assembly, told his friends that on his mak-
ing a motion and oflFering the bill for the act, "Mr. Macon
or some other respectable member made an observation that
many applications had been acted upon for different towns
in the State, but that few, if any of them, had succeeded;
that the said worthy member said, 'As General Smith has
applied in behalf of this petty town, it should be called
Smithville, as if by way of derision to the applicant, should
the town (like many others) not succeed.' ''
Benjamin Smith married Miss Sarah Rhett Dry, daughter
of Colonel William Dry, a man of ability, excellent education,
and rare accomplishments, and a member of the King's
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OOVBSNOB BETSfJAMTN SMITH. 165
Council. She was also a direct descendant from Cromwell's
admiral, Eobert Blake. Both she and General Smith in-
herited large estates. We learn much of their manner of
life and their generous hospitality from the diary of Gteneral
Joseph Gardner Swift, of New York, first graduate of the
United States Military Academy at West Point, who in his
younger days enjoyed intimate association with General
Smith. Swift, a young second lieutenant in the corps of
engineers, ''was sent to Wilmington in 1804 to examine the
harbor of Cape Fear, and to report a plan of defense there-
for, and also to direct the execution of a contract with
General Benjamin Smith, of Belvidere, to construct a battery
at the site of old Fort Johnston, in Smithville, of a material
called 'tapia.' '' He gave to the United States Government
ten acres of land on Bald Head, or Smith's Island, which he
owned, on which to build the lighthouse at the mouth of the
Cape Fear River. He constructed the causeway from Wil-
mington across Eagles Island.
"As he advanced in years," to use the words of Dr.. Battle,
"Governor Smith lost his health by high living and his for-
tune by too generous suretyship. He became irascible and
prone to resent fancied slights. His tongue became veno-
mous to opponents. He once spoke with undeserved abusive-
ness of Judge Alfred Moore, and the insult was avenged by
one of the members of the Assembly from Brunswick, Judge
Moore's son Maurice." General Swift has given us in his
"Memoirs" an account of this duel, which was fought on
June 28, 1805, just over in South Carolina, near to the
ocean side, where then stood the Boundary House, the line
running through the center of the entrance hall and main
passageway. Captain Moore was attended by his cousin,
Major Duncan Moore, while General Smith's second was
General Swift himself. Dr. Andrew Scott attended as sur-
geon for both combatants. At the second fire General Smith
3
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166 THE NORTH CAROLINA BOOKLET.
received his antagonist's ball in his side and fell. Dr.
Scott, aided by Dr. GriflSn, took the Gteneral to Smithville
by water, while Gteneral Swift hastened to Belvidere, and
conveyed Mrs. Smith in a chair to Smithfield through a
storm of lightning and rain. The ball lodged near the Gen-
eraPs left shoulder-blade, and it (or the bullet fired by Leon-
ard years before) was the means of identifying Smith's
ashes many years later when his remains were removed to
the burial ground of St. James Church, Wilmington.
General Smith's great burden of debt was due to the
defalcation of Colonel Eeed, collector of the port of Wilming-
ton, whose surety he was. It was to discharge this liability
that General Smith had contracted to build the tapia work
at Fort Johnston. General Swift has told us how this tapia
was prepared from equal parts of lime, raw shells and sand,
and water sufficient to form a paste or batter. All the engi-
neering work in which the old hero engaged was undertaken
to discharge debts, and it is sad to relate that in his old age
he was arrested by the attorney of the University, who.
Smith alleged, was his personal enemy, and held for a se-
curity debt, "but on learning the fact he was released by the
Trustees with promptness."
Besides the home at Belvidere, Governor Smith at one
time owned Orton, which came down to him from his ances-
tor, Roger Moore, being originally the home of his kinsman,
Maurice Moore, grandson of Sir John Yeamans. Mrs.
Smith's flower garden was such an attractive place that Dr.
Griffin, dying of yellow fever in Wilmington, asked that he
be buried there. The Isabella grape, highly esteemed by
us for its fine flavor, was introduced to North Carolina from
Mrs. Smith's garden where it grew from a cutting, the gift
of a sea captain who had received some kindness at her
hands. General Swift visited his old friend. General Smith,
at Orton in 1818, and found him greatly depressed by his
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OOVEBNOB BENJAMIN SMITH. 167
debts, Mrs. Smith "evincing a well-balanced serenity to cheer
her husband.^' Swift returned to Wilmington, where he
"found it a fruitless essay to liquidate the large claims of
the General's creditors."
This man, of rare personal charm, of high character, and
of openhearted and openhanded hospitality, became in-
volved in such pecuniary difficulties that he was actually im-
prisoned for debt; and at the time of his death, in 1826,
some of his creditors resorted to the unusual method, though
allowed by the law of that day, of withholding his body from
burial until his friends could meet the demands of the credi-
tors. The deputies set to watch the body were lured away
temporarily to partake of refreshments, and when they re-
turned the coffin and its contents had disappeared. Friends
had taken it out on the river to the old graveyard on the site
of St Philip's Church, then a ruin of old Brunswick town,
where in the dead of night they gave the body of their com-
rade Christian burial. A story, probably originating with
the careless watchers, that the coffin had been taken out on
the river and in the darkness committed to its waters by the
negroes who were trusted to row the boat, gained some
credence; but what is less probable: that devoted friends
would thus leave his body to slaves, or that they would let
the story pass as a probable means of concealing his last
resting place?
In 1853 their old friend, General Swift, caused to be
erected over the grave of General and Mrs. Smith in the old
Brunswick cemetery a marble slab on which was inscribed :
"In memory of that Excellent Lady, Sarah Rhett Dry Smith,
who died the 21st of November, 1821, aged 59 years. Also
of her husband, Benjamin Smith of Belvidere, once Gover-
nor of North Carolina, who died January, 1826, aged 70."
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168 THE NOBTH OABOLINA BOOKLET.
ACCEPTANCE
In a graceful speech, on behalf of the State, Governor
Kitchin thanked the Society for this gift of the portrait of
Governor Smith, and expressed his gratification upon learn-
ing that there had been manifested in North Carolina a cen-
tury ago such interest in public education and other benefi-
cent measures for the upbuilding of the State and the good
of its people. It is a source of sincere regret that Governor
Kitchin's speech of acceptance, having been delivered with-
out manuscript or notes, cannot be reproduced here. As is
always the case with that gifted orator, his remarks were a
source of entertainment and interest to his hearers, and it
would gratify us to place them in full before those of our
readers who were not so fortunate as to be present on that
interesting occasion.
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QUBEN'b OOLLBOB OB LIBEBTY HALL. 169
THE STORY OF QUEEN'S COLLEGE OR LIBERTY
HALL IN THE PROVINCE OF
NORTH CAROLINA
BY MARSHALL DbLANCET HAYWOOD.
Author oi "Qorernor William Tryon and His AdminLitration in the Province d North
Carolina, 176&-1771/' ** Lives of the Bishops <tf North Carolina/' etc.
Of all the Royal Governors of North Carolina none was
more interested in the educational advancement of the Prov-
ince than William Tryon. In December, 1770, while the
General Assembly was in session at New Bern, he sent a mes-
sage to that body, urging the further improvement of the
school system, which had already been bettered to some
extent during his administration. The Assembly continued
its sittings several weeks into the succeeding year, not
adjourning until January 26, 1771. On the 10th day of
January in the latter year (Chapter III of the Laws of
1770), the Assembly passed on its final reading an act to in-
corporate an institution of learning to be called Queen's
College, the same to be located in the town of Charlotte
and county of Mecklenburg. As a reason for such action
it was recited that "the proper education of youth has always
been considered as the most certain source of tranquillity,
happiness, and improvement, both of private families and of
States and Empires, and there being no institution or semi-
nary of learning established in this Province, whither the
rising generation may repair, after having acquired at a
Granmiar School a competent knowledge of the Greek,
Hebrew, and Latin languages, to imbibe the principles of
science and virtue, and to obtain under learned, pious and
exemplary teachers in a collegiate or academic mode of in-
struction a regular or finished education in order to qualify
them for the service of their friends and country," etc
This act of incorporation further recited that several Grain-
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170 THE NOBTH CABOLINA BOOKLET.
mar Schools had already been established in the western part
of the Province, and in these could be obtained "very con-
siderable progress in the languages and other literary attain-
ments," but that these schools were not able to give what was
considered a finished education. The trustees of Queen's
College were Edmund Fanning, Thomas Polk, Kobert Har-
ris, Jr., Abraham Alexander, Hezekiah Alexander, John
McKjiitt Alexander, Ezekiel Polk, Thomas Neal, William
Eichardson, Hezekiah J. Balch, Joseph Alexander, Waight-
Btill Avery, Henry Patillo, and Abner Nash. All of these
fourteen trustees, with the exception of Fanning and Nash,
were Presbyterians, including several learned clergymen of
that denomination; but, anticipating the opposition which
later came from the Court of St. James, and wishing to con-
ciliate the King if possible, this charter provided that the
President of this institution should be a member of the
Church of England, licensed by the Governor. As a source
of revenue it was provided that a tax of six pence per gallon
should be levied on all rum and other spirituous liquors
brought into and disposed of in Mecklenburg County for ten
years following the passage of the act of incorporation. On
January 15, 1771, Governor Tryon gave the act his oflScial
approval. In a letter to the Earl of Hillsborough, King
George's Secretary of State for the Colonies, to whom he
transmitted the act of Assembly for the King's consideration,
Tryon wrote, under date of March 12, 1771, saying: "The
necessity for such an institution in this country is obvious,
and the propriety of the mode here adopted must be sub-
mitted to His Majesty. Though the President is to be of
thfe established Church and licensed by the Governor, the
Fellows, Trustees, and Tutors, I apprehend, will be gener-
ally Presbyterians, the college being promoted by a respect-
able settlement of that persuasion, from which a considerable
body marched to Hillsborough in September, 1768, in sup-
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queen's college OB LIBERTY HALL. I7l
port of government." The last clause in the extract, just
quoted, has reference to the loyal support accorded Tryon
by the Presbyterians, both clergymen and laymen, in holding
in check the lawlessness of the Kegulators. It was a service
which the Governor always held in grateful remembrance.
Unfortunately for the cause of education in North Caro-
lina the act establishing Queen's College had to take the
course of other colonial laws and be passed upon by a King
and Council in England who were never noted for their
tolerance in either religion or politics. First it was referred
to Richard Jackson, afterwards a member of Parliament,
who was legal adviser to the Lords Commissioners for Trade
and Plantations, a board which had oversight of affairs in
America; and, upon Jackson's advice, this Board (in ses-
sion at Whitehall, on February 26, 1772), reported to the
King as follows:
From this report of Your Majesty's Governor, and from the pre-
valency of the Presbyterian persuasion within the county of Meck-
lenburg, we may venture to conclude that this college, if allowed to
be Incorporated, will in effect operate as a seminary for the educa-
tion and instruction of youth in the principles of the Presbyterian
Church. Sensible as we are of that^tolerating spirit which generally
prevails throughout Your Majesty's dominions, and disposed as we
particularly are in the case before us to recommend to every reason-
able mark of favor and protection a body of subjects who, by the
Governor's report, have behaved with such loyalty and zeal during
the late troubles and disorders, still we think it our duty to submit
to Your Majesty whether it may be advisable for Your Majesty to
add encouragement to toleration by giving the Royal assent to an
establishment which, in its consequences, promises great and per-
manent advantages to a sect of Dissenters from the Established
Church who have already extended themselves over the Province in
very considerable numbers.
With this preliminary kick from Mr. Jackson and the
Lords Commissioners for Trade and Plantations, the Queen's
College act of incorporation was passed forward to King
George and the Lords of His Majesty's Most Honourable
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172 THE NOETH OAKOLINA BOOKLET.
Privy Council at the Court of St James, on April 22, 1772,
when it was formally vetoed, or "disallowed, declared void
and of none effect." It was neariy a year later, April 7,
1773, before this action was certified to Governor Josiah
Martin, Tryon's successor in office, who thereupon issued a
proclamation from the Governor's Palace in New Bern,
North Carolina, Jime 28, 1773, declaring the King's disap-
proval of the movement to establish the college in Charlotte.
On December 6, 1771, before the King had vetoed the
act incorporating Queen's College, Thomas Polk, one of its
trustees and a representative of the county of Mecklenburg
in the Provincial Assembly, introduced into the Assembly
an amendment to that act (Chapter IX of the Laws of 1771)
which provided for the election of a Vice-President of the
college, who should act as President when the latter official
was absent from North Carolina, as was then the case.
This amendment passed its final reading on December 12th,
and received Gk)vemor Martin's approval on December 23d;
but, when the act of incorporation itself was repealed, such
action worked as a repeal of the amendment also.
The nominal President of Queen's College was Edmund
Fanning, though nothing shows that he took an active part
in its management. Fanning was a much better man than
written history and the absurd traditions of North Carolina
have represented him, and few men in the Province equaled
him in scholarship. In 1757 he had graduated with the
degree of Bachelor of Arts from Yale, which later conferred
upon him the degree of Master of Arts, finally honoring
him with the high degree of Doctor of Laws in 1803. In
1764 Harvard College gave him the degree of Master of
Arts, as did also King's College (now Columbia) in 1772.
Dartmouth College, in 1803, conferred upon him the degree
of Doctor of Laws, and he received the degree of Doctor of
Civil Law from the great University of Oxford, England,
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QUBIir's OOLLEGS OB LIBBBTT HALL. 173
in 1774. We doubt if any of Tanning's contemporaries, in
either Great Britain or America, ever received so many
academic honors; and yet this holder of literary degrees
which the greatest scholars of any time might covet, is rep-
resented by many writers as an abandoned extortionist and
libertine, whose sole title to distinction was the favoritism of
Tryon. In the Revolution, Fanning became a Loyalist, and
was a General in the army of Great Britain at the time of
his death in 1818. At that time it was written: "The
world did not contain a better man in all the various rela-
tions of life — as a husband, a parent, and a friend. As a
landlord and master he was kind and indulgent He was
much distinguished in the American war, and raised a regi-
ment there, by which he lost a very large property.''
It was through no ill will of any one in North Carolina
that a charter was withheld from Queen's College. Gover-
nor Tryon did everything in his power to secure it, as did
also the Provincial Assembly. Both Churchmen and Dis-
senters throughout the Province regretted the outcome of
the effort to secure one, but all were then too loyal to call
into question what His Most Gracious Majesty had been
pleased to do — or imdo. But this feeling did not last.
King George's power was soon likewise to be "disallowed,
<ieclared void and of none effect." In the meantime. Queen's
College was conducted without a charter, doing much good
both morally and educationally. Among its students were
William Richardson Davie, Joseph Graham, and many
others who afterwards won fame as officers in the Revolu-
tion. It is also probable that one of its pupils was Andrew
Jackson, as we learn from his biography (unabridged edi-
tion) by Parton. In 1775 the college building is said to
have been a rendezvous for some of the earlier meetings of
the Committee of Safety, though the Court House was used
for the principal sessions of that body.
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174 THE NOBTH OABOLINA BOOKLET.
Queen's College was sometimes called Queen^s Museum;
and, by Chapter XX of the Private Laws of 1777 (April
session), its name was changed to Libeety Hall — ^no
longer a namesake of royalty but of the fair goddess who
was henceforth ordained to preside over the destinies of
America. Under the new charter, in 1777, the trustees
were Isaac Alexander (President), Thomas Polk, Thomas
Neal, Abraham Alexander, Waightstill Avery, Ephraim
Brevard, David Caldwell, James Edmonds, John Simpson,
Thomas Beese, Adlai Osborne, Samuel McCorkle, John
McKnitt Alexander, Thomas McCaule, and James Hall —
true Presbyterians and patriots all, with none to gainsajr
their rights. By the act last mentioned, the Legislature-
directed that the treasurer of the college should give bond to
the Governor of the State for the faithful discharge of his
duties; and a subsequent Legislature (Chapter XXIII of
the Private Laws of 1778, April session), appropriated for
its use all moneys which should accrue from the sale of lots
in the town of Charlotte, but even this could not make it a
prosperous institution in the midst of a war which was mak-
ing a heavy drain upon the resources of the people of the
State. Another act of the Legislature just after the war
(Chapter XXIX of the Private Laws of 1784, October ses-
sion) changed the name of Liberty Hall to Salisbubt
Academy, and directed that it should be removed to Salis-
bury, in Eowan County. If Salisbury Academy began
operations with as many pupils as it had trustees (thirty-
six, including those added in 1785), it had a promising
start, but what its final fate was we are unable to say.
The building originally erected in Charlotte for the use
of Queen^s College, and later operated under the name of
Liberty Hall, was evidently used for school purposes even
after the Legislature directed the removal of the institution
to Salisbury in 1784 ; for we find a not over^gratifying refer-
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queen's college ok libbbtt hall. 175
ence to it in Washington's Diary, May 28, 1791, when the
Father of his Country took a look at it and its surround-
ings. He wrote: "Charlotte is a trifling place, though the
Court of Mecklenburg is held in it. There is a school
(called a college) in which, at times, there has been 50 or 60
boys." Such was the sad lot of the first college ever erected
in North Carolina — crippled in its infancy by the King of
Qreat Britain, and belittled in its old age by the President
of the United States!
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176 THE NOBTH CAROLINA BOOKLET.
BIOGRAPHICAL, GENEALOGICAL AND HISTOR.
ICAL MEMORANDA
COMPILED AND EDITED BY Mas. E. B. MOFFITT.
COLLIER COBB
Collier Cobb, who contributes for this number of The
Booklet the article entitled "Governor Benjamin Smith,"
was bom at Mount Auburn, his grandfather's plantation, in
Wayne County, North Carolina, March 21, 1862. His
father, the Keverend Needham Bryan Cobb, was then chap-
lain in the Army of Northern Virginia. The Cobbs are of
English extraction and immigrated to Virginia in 1613.
Another ancestor, Martin Franks (Francke) came from
Germany to New Bern and settled on the Trent river. His
daughter Susanna became the wife of William Heritage
(1769) and the mother of Elizabeth Heritage, who married
Jesse Cobb, a distinguished soldier of the Revolution, great-
great-grandfather of the subject of this sketch, and through
whose services he is a member of the North Carolina branch
of the "Sons of the Revolution." He is also eligible and
member through Needham Bryan Cobb, member of the
North Carolina Provincial Congress of August, 1775; also
through Benjamin May, of Pitt County, member of the
North Carolina Provincial Congress, November, 1776; also
through James Green, Secretary of the North Carolina Pro-
vincial Congress of April, 1776.
"Collier Cobb during his youth pursued his studies at
home and was prepared for college by his mother, Mrs.
Martha Louisa Cobb, a woman of vigorous intellect and very
strong will, who reared twelve children and instructed them
herself. This lady learned to read and speak German at the
age of forty, that she might teach that language to her
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BIOGBAFHIOAL AND OENEALOGIOAL. 177
children, when by moving to another town, they had to give
up the instruction of a German tutor. From her Collier
Cobb inherited many of his characteristics, and her influ-
ence on his life has long been strong and lasting."
Collier Cobb entered Wake Forest College, 1878, at about
the age of sixteen, and the following year he entered the
University of North Carolina, where he pursued his course
of study. Earth science had always been attractive to him,
and at the University he determined on geology as a pro-
fession. After leaving the University he became a teacher
and studied the topographic features of every section in
which he taught. In the year 1885 he gave up teaching
and entered Harvard, in order to perfect himself in his pro-
fession. Here he was honored with the Secretaryship of the
Harvard Natural History Society, a post of distinction
which had been held by Edward Everett Hale, Alexander
Agassiz, Theodore Boosevelt, and many others. In 1889 he
received the degree of A.B. with honors in Natural History,
and five years later he received his Master's Degree from
Harvard, his major subject being "the origin of the topo-
graphic features around King's Mountain." Mr. Cobb was
assistant to Professor N. S. Shaler on the United States
Geological Survey (1886-92). The influence of this excel-
lent gentleman and learned scientist on the life of his pupil-
associate became very strong, and to him Mr. Cobb owes the
encouragement which induced him to persevere under great
difficulties, and the retarding influences of ill health.
Mr. Cobb's activities cover a broad field, for while dur-
ing the four years as assistant in the United States Geo-
logical Survey he was also assistant in Harvard University
(1888-90) and instructor in the Massachusetts Institute of
Technology (1890-92). Among his other acquirements and
accomplishments he is an artistic amateur photographer, his
pictures are widely known throughout the United States.
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178 THE NOBTH OABOLINA BOOKLET.
He has published many scientic papers^ books and maps.
He is Fellow of the American Association for the Advance-
ment of Science, of the Association of American Geographers
and Geological Society of America and other kindred
Associations.
Mr. Cobb is notably active in the interests of his native
State. He rendered valuable assistance to Colonel William
L. Saunders in his monumental work, "The Colonial Records
of North Carolina." He is President of the North Carolina
Academy of Science ; a member of the Elisha Mitchell Scien-
tific Society; has published two geographies of the State;
also, in 1879, a valuable map of the State, which has been
used for over a quarter of a century in the schools. He was
elected Professor of Geology in the University of North
Carolina in 1892, and continues in that position, which
attests his great popularity and fitness for the place. His
extensive travels in other lands have proved of inestimable
value to his country as well as to himself. He is widely
known as a student of moving sands, which he has studied
on the coasts of France, Belgium, and Holland, as well as
those of the States, and of the desert regions of the world.
In the January number of The Booklet, 1905, Professor
Cobb contributed an article on "Some Changes in the North
Carolina Coast since 1585." This article throws much light
on the mooted question, as to which inlet the English adven-
turers of 1584 entered the sounds of North Carolina (then
called Virginia). His investigations covered a study of all
maps and originals obtainable, securing photographs, or
tracings from John White's map of 1585, to the Coast Sur-
vey Charts of the present day. The notes presented by him
are based on his own researches, investigations and explora-
tions of the North Carolina coast Many of the inlets found
by early explorers have been closed and others, formed by the
shifting sands, will reveal to the student of history some-
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BIOO&AFHIOAL AND OENBALOOIOAL. 179
thing of the nature of the problem of which particular inlet
was entered by the English colonists. Whatever confusion
there may be as to names of various harbors mentioned, it is
generally conceded that the explorers from 1585 to 1590
headed for an inlet or harbor near Eoanoke Island called
'^Hatorask.'^ The influence of these shifting sands upon
the development of our State is an interesting subject for the
student of earth science in its relation to man.
Professor Cobb's object in his investigations was to study
the changes in the zone of early exploration and settlement
as they have influenced the history of the State. The round-
ing of Cape Hatteras is attended with such danger that the
loss to life and shipping is fearful indeed, and to avert this
the government now has under consideration the opening of
a great inland waterWay, which will not only be an economic
move, but humanitarian in its purpose.
Professor Cobb ranks high as a geologist, and in his fine
library in Chapel Hill he still pursues his studies and to
exert his powers on the students under his charge to become
useful factors in the building up of the State and its insti-
tutions. "The story of his life presents many features
of great use to young Americans, illustrating how persever-
ance and systematic endeavor will generally bring success.
He is indeed a representative American, not self-made,
though self-educated in the best sense, self-reliant and suc-
cessful in the career which he has chosen. He has lived
thoroughly up to his motto, 'Always do as best you can the
work that lies immediately at hand. Want whatever work
presents itself, and you will some day get the work you want
to do.' "
In 1891 Professor Cobb married Mary Lindsay Battle,
a daughter of Doctor William Horn Battle. She died No-
vember 27, 1900, leaving three children: William Battle,
Collier, and Mary Louise. In 1904 he married Miss Lucy
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180 THB NOBTH OABOUNA BOOKLET.
Plummer Battle, daughter of Honorable Richard H. Battle,
of Raleigh, N. C. She bore him one son, Richard Battle
Cobb. She died April 27, 1905. In November, 1910, Pro-
fessor Cobb married Miss Mary Gatling, of Little Rock,
Arkansas, a descendant 'of Governor Richard Caswell.
NoTB.— The mftterial for the above sketch wms drawn from Captain Samuel A. Aahe's
■ketoh of Mr. Ck>bb. in the Biographical History of North Carolina, Vol. VI. p. 141 ; also
from Thb North Cabolina Booklbt, Vol. IV. Januarv. 1903. article by Prof essor Cobb;
also from the Records of the Sons of the BevoluUon of North Carolina.
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ITRR- HXLEir DSBXSNIEBB WILLS. 181
MRS. HELEN DeBERNIERE WILLS
Mrs. Helen DeBemiere Wills departed this life on June
24^ 1911. The death of this highly esteemed and honored
member of the North Carolina Society Daughters of the
Bevolution is greatly lamented, and the loss of her valued
service as Genealogist is sadly felt and deplored. Mrs.
Wills was a highly educated woman, naturally endowed with
a superior intellect, enriched with judicious culture yet pos-
sessed of a modesty so retiring that only those who knew her
intimately were able to appreciate the excellence of her
mind and character.
Under the guiding hand of a father of unusual literary
ability, Mrs. Wills became proficient as a teacher, and for
a time she pursued this occupation imtil her marriage to
James Wills, a prominent druggist of Wilson, North Caro-
lina, on August 12, 1867. As the years passed on, she was
repeatedly called upon to follow her dear ones to the tomb.
On October 26, 1884, her husband died, in the faith and
hope of a Christian, after many years of trial and suffering,
leaving her with two small sons. She again resumed teach-
ing, in which she met with continued success until her chil-
dren were fitted to take up their life work and repay her in
a measure for her care of them.
With a spirit of independence, her desire being to take up
some work to occupy her time and attention, she removed
to Kaleigh, N. C. It was here that her services were called
into requisition by the Society of the Daughters of the Revo-
lution to undertake the office of Genealogist, a peculiar and
difficult branch of history. Not since the days of Mr. Hath-
away, of Edenton, N. C, has any one accomplished what
she did for Genealogy in North Carolina, Could she have
had the physical strength to take up the work where he left
4
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182 THE NOBTH OABOLINA BOOKLET.
it off, our State would have been doubly enriched by her
services, but a weak constitution forbade her undertaking its
continuance.
Mrs. Wills was a devoted church woman and a faithful
attendant upon the ministrations of her rector, the Rev. Dr.
I. McK. Pittinger, of the Church of the Good Shepherd in
Raleigh, in whose congregation she had a host of friends who
held her in the highest esteem. She was a type of the ante-
bellum Southern lady, impressing her personality upon all
those with whom she came in contact Firm in her convic-
tions, based upon the broad view she took of life, her judg-
ment was to be relied on in matters of social or literary sig^
nificance. She was a voracious reader, and was authority on
general literature and language. She was especially a stu-
dent of history and had connected herself with several patri-
otic organizations.
She became a member of the Society of the Daughters of
the Revolution when it was first organized in the State, and
to the day of failing health was ever on the alert to aid in its
growth and progress. In all its difficulties and deliberations
her voice had a potent influence. The voluminous notes and
data which she had collected during her term of office will
be most valuable to her successor.
Mrs. Wills was also a "Daughter of the Confederacy^'
from the time that the society was organized, and one more
faithful was not easily found. She was Historian of the
Johnston Pettigrew Chapter, TJ. D. C, of Raleigh, N. C,
filling the place most effectually and faithfully.
She founded at Chapel Hill and was President of the
Leonidas Polk Chapter, the first and only Chapter of the
U. D. C. ever organized in that place, leaving it in a flour-
ishing condition upon her return to Raleigh.
Her devotion to the TJ. D. C, her intense interest in its
historic work, her desire to see recorded the truth of the
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MBS. HELBN DEBEBNIEBB WILLS. 183
cause, won for her the place of Chairman of the Historical
Text-book Committee of the State Division. To this she
spared no pains to vindicate the justice of the cause as she
saw it. Early in 1903 she issued a circular letter to the
President and Historian of every Chapter in the State, then
numbering about sixty. This circular was for the purpose
of reminding them of the importance of this branch of the
U. D. C. work — the preservation of a truthful history of the
War between the States, the training of our young people in
familiarity with such history and the endeavor to eliminate
from our schools the false teachings which traduce the South
and her heroes. She held up Jefferson Davis, H. E. Lee and
'^Stonewall" Jackson as the highest types of American man-
hood, fit examples for the generations to come. These char-
acters, as well as other Confederate history, to be studied by
our yoimg people in order to fit them to carry on the work
after the older "Daughters'* have passed away, and to im-
press upon them their duty to the old soldier of the Lost
Cause while in life, and to keep green his grave after death.
This circular met with many favorable responses, not only
from the Society but from prominent educators and other
public-spirited citizens. Mrs. Wills's actual experience before
and during the war enabled her to recount the trend of events
with trusted accuracy. She heard the first gun fired at
Sumter, being at that time a resident of South Carolina, and
the echoes of that forerunner of a great fratricidal strife ever
remained a fearful memory.
A few years ago a society was formed by the descendants
of "Signers of the Declaration of Independence.'* In this
organization Mrs. Wills was solicited to enroll her name,
being eligible through her ancestor on the maternal side,
William Hooper, "The Signer." In this she became heartily
interested and attended two of the meetings, the last on
October 19, 1909, at Torktown, Virginia — ^the one hundred
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184 THB NOBTH CAROLINA BOOKLET.
and twenty-eighth anniversary of the surrender of Lord Com-
wallis to General Gteorge Washington. This historic town
was the scene of a memorable celebration conducted under
the joint auspices of the "Descendants of Signers" and the
Yorktown Historical Society. A very interesting descrip-
tion of the occasion was written by Mrs. Wills for The
NoBTH Cabolina Booklet of July, 1910.
On account of a failure in health, late in the year 1910,
she laid aside her work, to reside with her son, Mr. Henry
Wills, in Chapel Hill, N. C, hoping that a change of alti-
tude would restore her to health and enable her to resume
her wonted occupation, but her days were numbered. After
a lingering illness she passed away, surrounded by kind and
sorrowing friends. She is survived by two sons, Henry C.
Wills, of Chapel Hill, N. C, and Qeorge Wills, a prominent
architect of New York City; also by one sister, Mrs. R. H.
Graves, now residing in Philadelphia, besides several
nephews and nieces.
OENBALOOY.
Mrs. Wills comes of a noble, patriotic, and cultured ances-
try, being lineally descended from the Hooper, Maclaine,
DeBemiere, and Jones families. She is the fifth in lineal
descent from the Rev. William Hooper, Trinity Church,
Boston, Massachusetts, the second Rector of that church from
1747 to his death in 1767. She is the fourth in descent
from his son, William Hooper (1742-1790), the "signer" of
the Declaration of Independence, of National fame. She
is the third in descent from William Hooper third and Helen
(Hogg) his wife, of Brunswick County, N. C, who died in
1804. She is the second in descent from the Rev. William
Hooper (1792-1876), who married Frances Pollock Jones,
daughter of Edward Jones (1762-1841), for many years
Solicitor-General of North Carolina. Reverend Wm.
Hooper, D.D., LL.D., was for many years Professor in the
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MB8. HELEN DSBEBNIEBB WILLS. 186
XJniversitj of North Carolina and other institutions of learn-
ing, an instructor of youth for sixty-five years. She was a
daughter of Professor John DeBemi^re Hooper (1811-1886),
for many years Professor of Languages in the University of
North Carolina, who was acknowledged to be one of the most
accurate Greek, Latin and French scholars of his age and day.
From such ancestry Mrs. Wills inherited many varied
traits that characterized this remarkable family, and at her
demise many relatives and friends are left to mourn their loafl.
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186 THE NOBTH CAKOLINA BOOKLET.
IN MEMORIAM
Resolutiofis of Respect to the Memoiy of Mrs. Fanny DeBemiere
Hooper Whiuker, who Died November 28, 1911
Whebeas, (3od, in His divine love and never-failing wis-
dom, has called from her temporary home to "the Great
Beyond" our beloved Founder, former State and Honorary
Begent, Mrs. Fanny DeBemiere Hooper Whitaker:
Therefore be it Resolved, That the North Carolina So-
ciety, Daughters of the Bevolution, laments the inexpressible
loss sustained in her death.
That they express the deepest gratitude for the high
standard she has set us by the beautiful example of her noble
life, and that they appreciate the great work she has done in
founding this society, whose influence has been recognized
as a factor in the universal historical awakening that is re-
storing North Carolina to her own, whose devotion will ever
be an inspiration to our members — ^her loyal followers — to
undertake more difficult tasks and to bring to accomplish-
ment enduring achievements.
That they will always miss the guiding hand that has
safely piloted them through troubled waters, and treasure
her hallowed memory through the coming years.
To the dear ones is extended our warmest sympathy in
this hour of sorrow.
That these resolutions be spread upon the minutes of the
society and a copy be sent to the family.
Mabt Hilliabd Hinton,
Mbs. Annie (Moobe) Pabkeb,
Mbs. Hubeet Haywood,
Regent Bloomshury Chapter.
Mbs. E. E. Moffitt,
Committee.
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liABBIAGE BONDS OF BOW AN COUNTY. 187
MARRIAGE BONDS OF ROWAN COUNTY. N. C.
BY MRS. M. G. McCUBBINS.
Squire Boone to Jane Vancleft July 11, 1765. Squire
Boone, John Johnston and Sam (his X mark) Tate.
(Thomas Frohock). [This is framed and hangs on wall in
derk^s office.]
Andrew Beard to Anne Locke. February 1, 1790.
Andrew Beard and Jno. Beard. (C. Caldwell, D. C.)
John H. Berger to Susanna Miller. February 15, 1790.
John H. Berger (?) (in Dutch) and Peter (his X mark)
Berger.
Handel Bevin to Rachael Wood. February 15, 1790.
Randel (his X mark) Bevin and Benjamin Stony ( ?). (Ed.
Harris.).
Thomas Boulwin to Mary Coske (Cooke t). February 22,
1790. Thomas Boulwin( ?) and William Aldredge.
Philip Brown to Eebekah Baker. March 1, 1790. Philip
(his X mark) Brown and Charles Dunn.
John Baker to Jean MitcheL May 20, 1790. John
(his X mark) Baker and Sehon Smith. (C. Caldwell,
D. C.)
John Braley to Mary Carson. May 22, 1790. John
Braley and Wi". St. Carson. (C. Caldwell, D. C.)
• Wm. Brewer to Mary Shumaker. June 10, 1790. Wil-
liam (his X mark) Bruer and Rich^ (his X mark) Speaks.
(Basil Gaither.)
John Biles to Margaret Whiteker. July 2, 1790. John
Biles and John (his X mark) Whiteker. (Basil Gaither.)
William Barly, Jr., to Jane Patteson. July 26, 1790.
William Barly and Wm. Belay, Sr. (Jan Harris, D. C, for
Charles Caldwell.)
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188 THS NOBTH OABOLIKA BOOKLST.
John Barkley to Yuiley(?) Kem. August 21, 1790.
John Barcley and John Kem. (C. Caldwell, D. 0.)
John Berger to Margret Cruse. John Berger and Adam
Stiyerwalt September 1, 1790. (C. Caldwell, D. C.)
Muddeas Beam to Polly Wise. September 21, 1790.
Muddeas Beam( ?) (both in Dutch) Jacob Beam. (C. Cald-
weU, D. C.)
Samuel Badjet to Jenny Skene. October 21, 1790.
Samuel Badgett and Jacob Skeen. (C. Caldwell, D. C.)
James Brian to Margaret Johnson. December 8, 1790.
James Bryan and John Johnston. (C. Caldwell, C. C.)
Manning Brookshire to Elizabeth Sludder. December 14,
1790. Manning (his X mark) Brookshire and Jesse Brook-
ahira
Douglass Blue to Charity HilL May 18, 1791. Douglass
Blue and Moses Bellah. (Charles Caldwell, D. C.)
Archibald Blue to Martha Forest (or Foust). July 18,
1791. Arch^ Blue and Moses Bellah. (C. Caldwell,
D. C.)
David Bloomfield to Rachel Barkley. October 21, 1791.
David (his X mark) Bloomfield and Wilson McCay. Cun:"
Harris.)
John Buse to Sarah Wyatt. November 8, 1791. John
Buis and J. G. Lanmann. (Chs. Caldwell.)
Horatio Baker to Rachael Blaster (?). December 29,
1791. Horatio (his X mark) Baker and Philip Coleman( ?)
(in Dutch). (Ad: Osbom.)
Jeremiah Brown to Mary Charian (Marian!). June 29,
1792. Jeremiah (his X mark) Brown and Thomas (his X
mark) Davis. (Chs. Caldwell.)
Jacob Bodenhamer to Elizabeth Spurgins. January 1,
1792. Jacob Bodenhamer and Peter Bodenhamer. (Jno.
Monro t)
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MASSIAOS BONDS OF BOWAN OOUITTT. 189
Moses Bella to Elizabeth Anderson. February 21, 1792.
Moses Bellah and Wm. Anderson. (Chs. Caldwell.)
John Biles to Betsay Smithe. March 12, 1792. John
Biles and Conrad Brem. (Chs. Caldwell.)
John Baxter to Hannah Owins(?). April 18, 1792.
John Backster and James (his X mark) Wood. (Chs.
Caldwell.)
William Baley to Lucy Foster. June 11, 1792. William
Baily and Kobert Dial. (Basil Gaither.)
George Bullen to Chlora Castor. October 9, 1792.
George (his X mark) Bullen and Jacob Call (Castor?).
(Jo. Chambers.)
Leonard Bevins to Sarah Moore. October 16, 1792.
Leonard (his X mark) Bevins and Val: Beard. (Jos.
Chambers.)
N. B. on back of bond. — Jos. Chambers testifies that they
were married October 16, 1792.
Thomas Briggs to Esther Parks. October 19, 1792.
Thomas Briggs and Simon (his G mark) Watson. Jos:"
Chambers, D. C.)
Conrod Brown to Patience Penny. October (no date),
1792. Conrod (his X mark) Brown and David (his X
mark) Brown. (Jo. Chambers.)
Jacob Bining to Nancy Rowan. November 17, 1792.
Jacob Binning and John Braly.
John Buise to Martha Wyatt. January 12, 1798. John
Buis, Jr., and Laurence Clinard. ( Jno. ( ?)onro.)
William Bunton to Mary Cowan. January 31, 1793.
William Bunten and Thomas Barrkley (or Barckleyt).
(Jos. Chambers.)
William Bateman to Elizabeth Smith. March 4, 1793.
William (his X mark) Bateman and Mesheck( ?) Pinkstone.
(Jos. Chambers.)
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190 THE NOBTH CABOLINA BOOKI^T.
William Braly to Margaret Woods- March 8, 1793. Wil-
liam Braly and Jno. Braly.
Daniel Brown to Ann Rablin. August 26, 1793. Daniel
Brawn( ?) and Mertin Rablin. (Jos. Chambers.)
John Henry Brinly to Catharine Easter. August 4, 1793.
John Henry Brennly and Peter Easter (or Easten t). (Jno.
( ?)onro.)
William Brown to Lucy Chaflin. September 3, 1793.
William Brown and Valentine (his X mark) Holderfield-
(Jos. Chambers.)
Henry Benson to Jane Cathey. October 12, 1793. Henry
Bonson and Jno. McRavey. (Jos. Chambers.)
Charles Burros to Nancy Renshaw. October 18, 1793.
Charles Burroughs and James Heathman. (Jos. Chambers.)
George Briles to Barbra Coonrod. George Brile and
David Coonrod (?) (in Dutch). (Jno. onro.)
Samuel Bucey to Katharine Seigler. February 10, 1794.
Samuel Bucey and Laurence Seigler. (John Pinchback and
Ly( ?) Pinchback.)
John Bums to Mary Lopp. April 18, 1794. John (his
X mark) Bums and Charles (his X mark) Bums. (Jo.
Chambers.)
James Brown to Sarah Smith. July 23, 1794. James
Brown and Tobias Fouro( ?) (or Furr). (L Troy, D. C.)
Daniel Benson to Mary Ham. August 25, 1794. Daniel
Benson and John Peraman. (Friedrick Miller.)
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)^f
INFORMATION
Concerning the Patriotic Society
''Daughters qf the Revolution'
The General Society was founded October 11, 1800, — and organized
August 20, 1801, — under the name 6f "Daughters of the American
Revolution"; was incorporated under the laws of the State of New York
as an organization national in its work and purpose. Some of the mem-
bers of this organization becoming dissatisfied with the terms of en-
trance, withdrew from it and, in 1801, formed under the slightly differ-
ing name ''Daughters of the Revolution," eligibility to which from the
moment of its existence has been lineal descent from an ancestor who
rendered patriotic service during the War of Independence.
""fihe North Carolina Society''
a subdivision of the General Society, was organized in October, 180C,
and hae continued to promote the purposes of its institution and to
observe the Constitution and By-Laws.
Membership and Qualifications
Any woman shall be eligible who is above the age of eighteen years,
of good character, and a Ittieal descendant of an ancestor who ( 1 ) was
a signer of the Declaration of Independence, a member of the Conti-
nental Congress, Legislature or General Court, of any of the Colonies
or States; or (2) rendered civil, military or naval service under the
authority of any of the thirteen Colonies, or of the Continental Con-
gress; or (3) by service rendered during the War of the Revolution
became liable to the penalty of treason against the government of Great
Britain: Provided, that such ancestor always remained loyal to the
cause of American Independence.
The *chief work of the North Carolina Society for the past eight years
has been the publication of the ''North Carolina Booklet," a quarterly
publication of grea,t events in North Carolina history — Colonial and
Revolutionary. $1.00 per year. It will continue to extend its work and
to spread the knowledge of its History and Biography in other States.
This Society has its headquarters in Raleigh, N. C, Room 411, Caro-
lina Trust Company Building, 232 Fayetteville Street
1
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Some North Carolina Booklets for Sale
Address, EDITOR, Raleigh, N. C
Vol. I
"Greene's Retreat," Dr. Daniel Harvey Hill.
Vol. II
"Our Own Pirates," Capt. S. A. Ashe.
'Indian Massacre and Tuscarora War," Judge Walter Clark.
'Moravian Settlement in North Carolina," Rev. J. E. Clewell.
''Whigs and Tories," Prof. W. C. Allen.
•The Revolutionary Congresses," Mr. T. M. Pittman.
"Raleigh and the Old Town of Bloomshury," Dr. K. P. Battle.
"Historic Homes — Bath, Bunoomb Hall, Hayes," Rodman, Blonnt,
Dillard.
"County of Clarendon," Prof. John 8. Bassett.
*'Signal and Secret Service," Dr. Charles E. Taylor,
'liast Days of the War," Dr. Henry T. Bahnson.
Vol. Ill
"Volunteer State Tennessee as a Seceder," Miss Susie Gentry.
"Colony of Transylvania," Judgtt Walter Clark.
"Social Conditions in Colonial North Carolina," Col. Alexander Q.
Holladay, LL.D.
"Battle of Moore's Creek Bridge, 1776," Prof. M. C. S. Noble.
"North Carolina and Georgia Boundary," Mr. Daniel Goodloe.
Vol. iV
"Battle Ramsaur's Mill, 1780," Major Wm. A. Graham.
"Quaker Meadows," Judge A. C. Avery.
"Convention of 1788/' Judge Henry Groves Connor.
"North Carolina Signers of Declaration of Independence, John Penn
and Joseph Hewes," by T. M. Pittman and Dr. E. Walter Sikes.
"North Carolina Troops in South America," Judge Walter Clark.
"Rutherford's Expedition Against the Indians," Capt. S. A. Ashe.
"Changes in Carolina Coast Since 1585," Prof. Collier Cobb.
"Highland Scotch Settlement in N. C," Judge James C. MaeRae.
"The Scotch-Irish Settlement," Rev. A. J. McKelway.
"Battle of Guilford Court-house and German Palatines in North Caro-
lina," Major J. M. Morehead, Judge 0. H. AUen.
2
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I'f.
Vol. VII. (QuarteHy.)
July, No. 1.
** North Carolina in the French and Indian War/' CoL A. M. WaddelL
'' Locke's Fundamental Constitutions," Mr. Junius Davis.
''Industrial Life in Colonial Carolina," Mr. Thomas M. Pittman.
Address: "Our Dearest Neighbor— The Old North State," Hon. James
Alston Cabell.
Biographical Sketches: Col. A. M. Waddell, Junius Davis, Thomas M.
Pittman, b^ Mrs. £. £. Moffitt; Hon. Jas. Alston Cabell, by Mary
Hilliard Hinton.
Abstracts of Wills. Mrs. Helen DeB. Wills.
Ootobor, No. 2.
" Ode to North Carolina," Pattie Williams Qee.
"The Finances of the North Carolina Colonists," Dr. Charles Lee
Raper.
" Joseph Gales, Editor," Mr. Willis G. Briggs.
"Our First Constitution, 1776," Dr. E. W. Sikes.
"North Carolina's Historical Exhibit at Jamestown Exposition,"
Mary Hilliard Hinton.
Biographical Sketches: Dr. Kemp P. Battle, Dr. Charles Lee Raper,
Willis Grandy Briggs, Pattie Williams Gee. By Mrs. £. E. Moffitt
January, No. 3.
" General Robert Howe," Hon. John D. Bellamy.
" Early Relations of North Carolina and the West," Dr. William K.
Boyd.
" Incidents of the Early and Permanent Settlement of the Cape Fear,"
Mr. W. B. McKoy.
Biographical Sketches: John Dillard Bellamy, William K. Boyd, Wil-
liam B. McKoy. By Mrs. E. E. Moffitt
April, No. 4.
"St James's Churchyard" (Poem), Mrs. L. C. Markham.
"The Expedition Against the Row Galley General Arnold — ^A Side
Light on Colonial Edenton," Rev. Robt. B. Drane, DJ).
" The Quakers of Perquimans," Julia S. White.
" Fayetteville Independent Light Infantry," Judge James C. MacRae.
Biographical Sketches: Mrs. L. C. Markham, Rev. R. B. Drane,
Julia S. White, Judge James C. MacRae. By Mrs. E. E. Moffitt
Vol. VIII.-(Quarteriy)
July, No. 1.
"John Harvey," Mr. R. D. W. Connor.
"Military Organizations of North Carolina During the American Rev(>
lution," Clyde L. King, A.M.
"A Sermon by Rev. George Micklejohn," edited by Mr. R. D. W. Connor
3
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Vol. v.— (Quarterly.)
No. 2.
'history of the Capitol/' Colonel Charles Earl Johnson.
"Some Notes on Colonial North Carolina, 1700-1750/' Colonel J. Bryui
Grimes.
"North Carolina's Poets," Rev. Eight C. Moore.
No. 3.
"Cornelius Harnett," Mr. R. D. W. Connor.
"Celebration of the Anniversary of May 20, 1775," Major W. A.
Graham.
"Edward Moseley," by Dr. D. H. Hill.
No. 4.
"Governor Thomas Pollok," Mrs. John W. Hinsdale.
"Battle of Cowan's Ford," Major W. A. Graham.
"First Settlers in North Carolina Not Religious Refugees," Rt Rev.
Joseph Blount Cheshire, D.D.
Vol. VI-(Quorterly.)
Ootobor, No. 2.
"The Borough Towns of North Carolina," Mr. Francis Nash.
"Governor Thomas Burke," J. G. de Roulhac Hamilton, Ph.D.
"Colonial and Revolutionary Relics in the Hall of History," Col. Fred.
A. Olds.
"The North Carolina Society Daughters of the Revolution and its
Objects."
Biographical Sketches: Dr. Richard Dillard, Mr. Francis Nash, Dr.
J. G. de R. Hamilton and Col. Fred A. Olds, by Mrs. E. E. Moffitt
January, No. 3.
"State Library Building and Department of Archives and Records,"
Mr. R, D. W. Connor.
"The Battle of Rockfish Creek, 1781," Mr. James Owen Carr.
"Governor Jesse Franklin," Prof. J. T. Alderman.
"North Carolina's Historical Exhibit at Jamestown," Mrs. Lindsay
Patterson, Mary Hilliard Hinton.
Biographical Sketches: Mrs. S. B. Kenneday, R. D. W. Connor, James
Owen Carr, and Prof. J. T. Alderman, by Mrs. £. E. Moffitt.
April, No. 4.
"The White Pictures," Mr. W. J. Peele.
"North Carolina's Attitude Toward the Revolution," Mr. Robert Strong.
"Some Overlooked North Carolina History," J. T. Alderman.
Biographical Sketches: Richard Benbui*y Creecy, the D. R. Society
and Its Objects, Mrs. E. £. Moffitt.
Genealogical Sketches: Abstracts of Wills; Scolley, Sprott ana Hunter,
Mrs. Helen de B. Wells.
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Biographical and Genealogical Sketches: R. D. W. Connor, Clyde L.
King, Marshall DeLancej Haywood, by Mrs. £. £. Moffitt
''Abstracts of WUls," Mrs. Helen DeB. Wills.
Ootob«r, No. 2.
"Convention of 1835," Associate Justice Henry Q. Connor.
'The Life and Services of Brigadier-General Jethro Sumner," Kemp
P. Battle, LL.D.
The Significance of the Mecklenburg Declaration of Independence,"
Prof. Bruce Craven.
Biographical and Genealogical Sketches: Judge Henry G. Connor, Kemp
P. Battle, LL.D., Prof. Bruce Craven, by Mrs. E. E. Moffitt.
January, No. 3.
'TThe Mecklenburg Declaration of Independence," Mr. A. S. Salley. Jr.
"The Mecklenburg Declaration of Independence," Prof. Bruce Craven.
"Mr. Bailey's Reply."
"Mr. Craven's Rejoinder."
Biographical and Genealogical Sketches: Prof. Bruce Craven, Mr. Alex-
ander S. Salley, Jr., by Mrs. E. £. Moffitt
"Patriotic Objects."
"Information Concerning the Patriotic Society D. R."
April, No. 4.
"Unveiling Ceremonies."
"Carolina," by Settle Freshwater Pool.
"The Battle of King's Mountain," by Dr. William K. Boyd.
"Schools and Education in Colonial Tiroes," by Dr. Charles Lee Smith.
"North Carolina Heroines of the Revolution," by Richard Dillard, M.D.
Biographical and Genealogical Sketches: Bettie Freshwater Pool, Wil-
liam K. Boyd, Clmrles Lee Smith, Richard Dillard, by Mrs. E. B.
Moffitt
Vol. IX.-(Quarterly.)
July, No. 1.
"Indians, Slaves and Tories: Our 18th Century Legislation Regarding
Them," Clarence H. Poe.
"Thomas Person," Dr. Stephen B. Weeks.
"Sketch of Flora McDonald," Mrs. S. G. Ayr.
Biographical and Genealogical Memoranda: Clarence H. Poe, Dr. Stephen
B. Weeks, Mrs. S. G. Ayr, Mrs. E. £. Moffitt.
Abstracts of Wills: Shrouck, Stevens, Sanderson, Shirley, Stevenson,
Sharee, Shearer, Shine, Smithson, Sitgreaves, by Mrs. Helen DeB.
Wills.
Ootobor, No. 2.
"General Joseph Graham," Mrs. Walter Clark.
"State Rights in North Carolina Through Half a Century," Dr. H. M.
Wagstaff.
5
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"The Nag's Head Portrait of Theodosia Burr," Bettie Freshwater
Pool.
Biographical and Genealogical Memoranda: Mrs. Walter Clark, H. M.
WagsUff, bj Mrs. E. £. Moffitt
Abstracts of Wills: Arnold, Ashell, Avelin, Adams, Battle, Bums, Boge,
Bennett, by Mrs. Helen DeB. Wills.
January, No. 3.
"History of Lincoln County," Mr. Alfred Nixon.
''Our State Motto and Its Origin," Chief Justice Walter Oark.
'nVork Done by the D. R. in Pasquotank County," C. F. 8. A.
Biographical and Genealogical Memoranda: Alfred Nixon, Walter Clark,
by Mrs. i*:. E. Moffitt.
Abstracts of Wills: Clark, Evans, Fendall, Fort, Gorbe, Gambell,
Grainger, Hill, White, by Mrs. Helen DeB. Wills.
April, No. 4.
<a)er North Carolina Land und Colonie Etablissement,** Miaa Adelaide
L. Fries.
"George Durant," Capt. S. A. Ashe.
"Hatorask," Mr. Jaques Busbee.
"The Truth about Jackson's Birthplace," Prof. Bmee Crayen.
Biographical and Genealogical Memoranda: Miss Fries, Captain Ashe,
Professor Craven, by Mrs. E. £. Moffitt.
VoL X.— (Quarterly.)
July, No. 1.
'The Chaae," James Spnmt
"Art as a Handmaiden of History," Jaques Busbee.
"Sketch of Colonel Francis Locke," George McCorkle.
"Unveiling of Tablet at Nixonton, N. C," Mrs. Walker Waller Joynes.
"Address Delivered at Unveiling of Tablet at Nixonton, N. C," by
Former Lieutenant-Governor F. D. Winston.
"A Glimpse of Historic Torktown," Mrs. Helen DeB. Wills.
"Colonel Polk's Rebellion," Capt S. A. Ashe.
"Was George Durant Originally a Quakerr' William B. Phelps.
Ootobor, No. 2.
"The History of Orange County, Part I," Francis Nash.
January, No. 3.
"The Croatans," Hamilton McMillan.
"State Aid to Transportation in North Carolina: The Pre-Railroad
Era," J. Allen Morgan.
"Joseph Hewes and the Declaration of Independence," R. D. W.
Connor.
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'7
April, No. 4.
"An Address for the Baptism of Virginia Dare," Rt Rev. Joseph
Blount Cheshire, D.D.
"The Early History of Craven County," S. M. Brinson.
"Jacoh Marling, an Early North Carolina Artist," Marshall DeLiancey
Haywood.
"The Social Condition of North Carolina in the Tear 1783," Captain
S. A. Ashe.
"Rowan County Wills and Marriage Bonds," Mrs. M. G. McCuhhins.
Vols. I, II, III, IV, 26 cents each number.
Vols. V, VI, VU. VIII, IX, X, 86 cenU each number.
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The North Carolina Booklet
A QUARTERLY PUBLICATION ISSUED UNDER
THE AUSPICES OF THE
NORTH CAROLINA SOCIETY DAUGHTERS OF THE REVOLUTION
^C A^
THIS PUBLICATION treats of important
events in North Carolina History, such
as may throw light upon the political, social
or religious life of the people of this State
during the Colonial and Revolutionary
periods, in the form of monographs written
and contributed by as reliable and pains-
taking historians as our State can produce.
The Eleventh Volume began in July, 1911.
TERMS OF SUBSCRIPTION:
One Year, One Dollar; Single Copies, Thirty-five Cents.
Miss Mary Billiard Hinton, Editor, Raleigh, North Carolina.
Registered at Raleigh Post-offioe as second class matter.
Notice should be gi^en if the subscription is to be discon-
tinued. Otherwise it is assumed that a continuance of the sub-
scription is desired.
All orders for back numbers and all communications relating
to subscriptions should be sent to
Miss Mary Hilliard Hinton,
Midway Plantation, Raleigh. N. C.
8
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<iLi, 19"^
I
Vol XI
APRIL, 1912
No. 4
^e
North Carolina Booklet
GREAT EVENTS
tN
NORTH CAROLNA
HISTORY
PUBLISHED QUARTERLY
BY
NORTH CAROLINA SOCIETY
DAUGHTERS of the REVOLUTION
RALEIGH. N. C.
THE
CONTENTS
James Iivdell, 1751-1799
By H. G. Counor
David Caldwell —Teacher, Preacher, Patriot
Fiy Charles Lee Smith
Governor Samuel Johnston of North Carolina
By R. D. W. Connor
BioKraphieal, Genealogical, and Historical Memoranda
By Mn*. E. E. Moffitt
Pase
201
251
259
286
SINGLE NUMBERS 35 CENTS
$1.00 THE YEAR
S»*»******5P»**«*««*************»*X
ENTBRBD 15 THE HOST-OFFICK AT RALKIOH, N. C, AM SBCOND-tLAbS MATTES
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^^Ui
^
The North CaroHna Booklet
Great Events in North Carolina History
Volume XII of The Booklet will be issued quarterly by the North
Carolina Society, Daughters of the Revolution, beginning July. 1912.
The Booklet will be published in July, October, January, and April.
Price 11.00 per year, 35 cents for single copy.
Editor:
Miss Maby Hilliakd Hintun.
VOLUME xn
History of Union County, Including the Waxbaw Settlement.
Mr. Ney McNeely
The Forest (Poem) Mr, R. F, Jarrett
Masonic Revolutionary Patriots in North Carolina.
Mr, Xkir shall DeLancey Haywood
Our Forests — What They Have Done. Are Doing, and May Do
for North Carolina Dr. Collier Cobb
Some Notable Senatorial Campaigns in North Carolina.
Judge Robert W. Winston
Historic Homes, Part VI: Palmyra in the Happy Valley.
Mrs. Lindsay Patterson
Elizabeth Maxwell Steele: the Famous Revolutionary Patriot.
Dr. Archibald Henderson
Reprint of Washington's Diary, written in North Carolina.
The Confederacy (Poem) Mr. R. F. Jarrett
History of the Whig Party In North Carolina.
North Carolina*s Social Life, Ante-bellum Major E. J. Hale
How "Carolina" Came to be Written Mr. Jaques Busbee
Old letters, heretofore unpublished, bearing on the Social Life of
the different periods of North Carolina's History, will appear
hereafter in The Booklet.
This list of subjects may be changed, as circumstances sometimes
prevent the writers from keeping their engagements.
The histories of the separate counties will in the future be a
special feature of The Bookl'et. When necessary, an entire issue
will be devoted to a paper on one county.
The Booklet will print abstracts of wills prior to 1800, as sources
of biography, history and genealogy. Mrs. M. G. McCubbins will
contribute abstracts of wills and marriage bonds In Rowan County
to the coming volume. Hon. F. D. Winston will furnish similar
data from Bertie County.
Mrs. E. E. Moffitt has consented to edit the Biographical Sketches
hereafter.
Parties who wish to renew their subscriptions to The Booklet
for Vol. XII are requested to give notice at once.
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Address
Miss MARY HILLIARD HINTON,
"Midway Plantation"
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Vol. XI APRIL, 1912 No. 4
floRTH CRROIiINfl BoOKIiET
^Carolina! Carolina! Heaven^ s blessings attend her !
While we live we will cherish^ protect and defend her,^*
Published by
THE NORTH CAROLINA SOCIETY
DAUGHTERS OF THE REVOLUTION
The object of The Booklet is to aid in developing and preserving
North Carolina History. The proceeds arising from its publication
will be devoted to patriotic purposes. Bditob.
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ADVISORY BOARD OF THE NORTH CAROUNA BOOKLET
Mb8. Hubert Hatwood. Db. Richard Dillabd.
Mb8. E. E. Moffitt. Db. Kemp P. Battle.
Mb. R. D. W Ck>NNOB. Mb. Jambs Spbunt.
Db. D. H. Hnx. Mb. Mabshall DeLancet Hatwoqd.
Db. E. W. Sikes. Chief Justice Walter Clabk.
Mb. W. J. Peele. Majob W. A. Gbaham.
Miss Adelaide L. Fbies. Db. Chables Lee Smith.
Miss Mabtha Helen Hatwood.
editob:
Miss Mabt Hiluabd Hinton.
OFFICERS OF THE NORTH CAROLINA SOCIETY
DAUGHTERS OF THE REVOLUTION 1910-1912
beoent:
Bfiss MARY HILLIARD HINTON.
VICE'BEGENT *
Miss DUNCAN CAMERON WINSTON.
honorary regent:
Mrs. E. E. MOFFITT.
recording secretary:
Mrs. clarence JOHNSON.
corresponding secretary:
Mrs. PAUL H. LEE.
treasurer:
Mrs. FRANK SHERWOOD.
registrar:
Bfiss SARAH W. ASHE.
custodian of relics:
Mrs. JOHN E. RAY.
CHAPTER REGENTS
Bloomsbury Chapter Mrs. Hubert Haywood, Regent
Penelope Barker Chapter Mrs. Patrick Matthew, Regent
Sir Walter Raleigh Chapter,
Miss Catherine F. Seyton Albertson, Regent
DeGraffenried Chapter Mrs. Charles Sloyer Hollister, Regent.
Founder of the North Carolina Society and Regent 1896-1902:
Mrs. spier WHITAKER.t
Regent 1902:
Mrs. D. H. HILL, Sr.*
Regent 1902-1906:
Mrs. THOMAS K. BRUNER.
Regent 1906-1910:
Mrs. E. E. MOFFITT.
•Died Deoember 12, 1004.
tDied November 26, 1011.
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Vc
THE NORTH CAROLINA BOOKLET
Vol XI APRIL, J9J2 No. 4
JAMES IREDELL, 1751-1799 '
Bt H. O. CONNOR.
Judge United States Court, Eastern District North Carolina.
"The character of this excellent man has been too little known.
Similar has been the fate of many other valuable characters in
America. They are too little known to those around them; their
modest merits have been too familiar, perhaps too uniform, to
attract particular and distinguished attention."
James Iredell was bom in Lewes, Sussex County, Eng-
land, October 5, 1751. His father, Francis Iredell, a
merchant of Bristol, married Margaret McCulloch. The
family were allied by blood to Sir George Macartney, the
Earl of Wigton, the Fergusons, McCuUochs, and, by mar-
riage, to Governor Lyttleton. Henry McCulloch was con-
nected with the Qx)vemment of the Province of North Caro-
lina, where he owned large landed estates. Through the in-
fluence of relatives, James Iredell was appointed Comptroller
of the Customs at Port Roanoke (Edenton) N. C. It was
said at the time, "The office is genteel requiring little or no
duty, so that he will have time to apply himself to business ;
it is worth upwards of one hundred pounds sterling a year.'*
Iredell appropriated a large portion of his salary to the sup-
port of his father and mother, thus "illustrating in a forcible
manner his filial piety and generous nature." He sailed for
his new home, bringing with him his commission, and letters
'The writer has, for his information relied larcelr upon McRee't "life and Corre»-
denoe of Ji " ^ " — . -f-i-.--. .— . ...-. :
>n from it.
pondenoe of Jamee Iredell." Except as otherwise in^oated herein, quotations given are
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202 THE NOETH OABOLINA BOOKLET.
of introduction from friends in England, to several gentle-
men in Edenton, arriving at the latter place "near the close
of the year 1768." His biographer says of him : "He was
then just seventeen years old, at the age when pleasures are
enjoyed with the keenest relish. Frank, ingenuous, of pleas-
ing appearance, winning manners, and educated in the best
schools of England, he was kindly received and warmly wel-
comed."
The ancient borough of Edenton is situated on the north-
em shore of Albemarle Sound. It was founded in 1716, and
named in honor of Eden, the Royal Governor. Mr. McEee
says of the people to whom the young Comptroller came and
among whom he resided during the remainder of his life:
"If there was little of the parade and pomp of older com-
munities, if many of the appliances of luxury were wanting,
ease and abundance were the reward of but a slight degree
of frugality and industry; the homes of the planters were
comfortable and ample for all the purposes of hospitality;
while their tables groaned beneath dainties beyond the reach
of wealth on the other side of the Atlantic * * * He
who supposes the inhabitants were untutored people is grossly
deceived. They were not refugees from the justice of the
old world; nor were they of desperate fortunes or undisci-
plined minds — they were equal in cultivation, ability and pa-
triotism to any of their contemporaries. The men were bold,
frank, generous and intelligent ; the females tender, kind and
polite." The town contained about five hundred inhabitants.
Of the residents of the town were Samuel Johnston, among
the earliest, most enthusiastic and active Whigs, President of
the Provincial Congress, Governor, and, upon the adoption
of the Federal Constitution, the first United States Senator
elected from the State, a lawyer of learning, a man of deep
and extensive reading and singular purity of life spent in
patriotic service to the State; Joseph Hewes, signer of the
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JAMES IBEDELL. 203
Declaration; Thomas Barker, Thomas Jones, Jasper Charl-
ton, Stephen Cabarrus, Kobert Smith, Charles Johnston,
John Johnston, and Sir Nathaniel Duekenfield. In the ad-
joining counties were Colonel Kichard Buncombe, who, being
mortally wounded at Germantown died in Philadelphia;
John Harvey, Speaker of the Assembly, and later Moderator
of the First and Second Provincial Congresses called in the
Province (August, 1774, and April, 1775) ; and others of
less note, but of liberal education and of honorable service
and position. The society of the town furnished to Iredell a
social circle of cultured and refined hospitality into which he
at once entered. It is with Iredell's preparation for, and
work as, a lawyer, statesman and judge that we are specially
concerned, which precludes an entrance into the interesting
and charming story of his personal and social life further
than it illustrates his public career.
Very soon after his arrival he began the study of law
with Samuel Johnston. "Every moment of leisure was de-
voted to his legal studies and to such intercourse with in-
telligent gentlemen and cultivated ladies as was calculated
to refine and improve. He was a diligent student ; he copied
Mr. Johnston's arguments and pleas in important cases. He
read carefully and attentively the text-books, referring to the
authorities quoted, and collecting and digesting kindred pas-
sages from all writers within his reach; he attended the
courts, returned to his chamber and wrote out arguments of
his own, applicable to the cases he had stated.'' A few ex-
tracts from his "Journal" give us a fair view of the young
Comptroller, preparing himself for the career which, all un-
thought of, awaited him. On August 22, 1770, he vmtes:
"Indolence in any is shameful, but in a young man quite in-
excusable. Let me consider for a moment whether it will be
worth my while to attempt making a figure in life, or whether
I will be content with mediocrity of fame and circumstances.
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204 THE NOBTH OABOI^INA BOOKLET.
* * * But nothing is to be acquired without industry;
and indolence is an effectual bar to improvement. * * *
I have not done as much as I ought to have done; read a
little in Lyttleton's Tenures and stopped in the middle of
his Chapter on Rents; whereas I ought to have gone through
it. It would have been better than losing three or four games
at billiards. N. B. — If you do play billiards make it a rule
not to lengthen."
We learn from his journal that, while studying Lyttleton,
he did not neglect polite literature. He says : "I have been
reading a volume of the Spectator, which is ever new, ever
instructive, ever interesting. I hope they will be trans-
mitted, with honor, to the latest ages. * * * Strength
of reason, elegance of style, delicacy of sentiment, fertility
of imagination, poignancy of wit, politeness of manners, and
the most amiable pattern of human life, appears through the
whole, in so conspicuous a manner as at once to improve and
delight * * * Resumed my Spectator; read a great
many entertaining and improving things, particularly Mr.
Addison^s Discourses on Fame, in the fourth volume, which
are incomparably elegant and sublime. Surely the writings
of such great, learned and good men are more than a counter-
poise to the libertine writings of professed Deists, whose im-
moral lives made them dread an encounter hereafter." He
continues this train of reflection regarding the infidelity so
prevalent at that time, concluding with words, which are of
special interest, giving expression to a principle which con-
trolled his private and public conduct throughout his life:
''At a time when licentiousness is at an amazing and danger-
ous height we shall be careful to guard against popular preju-
dice, though we must not blindly oppose the public voice
because it may appear too tumultuous. Let us do things im-
partially and not oppose or condemn any conduct on the
whole, on account of a few improper circumstances attend-
ing it.^'
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JAM£S IBEDELL. 205
His journal shows that he was a diligent student of the
''Tenures." On July 31, 1771, he writes his father, "I am
too often troubling you, but I will hope for your excuse of
this last request, as it will be of particular, perhaps neces-
sary, service for me. It is that you will be so obliging as to
procure Dr. Blackstone's Commentaries on the Laws of Eng-
land and send them by the first opportunity. I have, indeed,
read them by the favor of Mr. Johnston, who lent them to
me, but it is proper that I should read them frequently and
with great attention. They are books admirably suited for
a young student, and, indeed, may interest the most learned.
The law there is not merely considered as a profession but a
science. The principles are deduced from their source and
we are not only taught, in the clearest manner, the general
rules of law, but the reasons upon which they are founded.
* * * Pleasure and instruction go hand in hand, and we
apply to a science, difficult, indeed, at best, with less reluc-
tance, when by a well-directed application we may hope to
understand it with method and satisfaction. I would take
leave to add one more desire, that you would be pleased to
send me the Tatlers and Guardians — the Spectators I have,
and these, with the others, will afford me agreeable desultory
reading.*'
Mr. Johnston was a faithful and competent instructor.
"As a lawyer he was ever highly honored and esteemed ; his
patience, his industry, his logic were signal. * * * As
early as 1776 he was one of a committee to revise the statutes
of the State.'* He was later one of the State Judges. Mjt.
Iredell received from Governor Tryon a license to practice
law in all the Inferior Courts of the Province on December
14, 1770. He was licensed by Governor Martin to practice
in the Superior Courts November 26th, 1771, and duly
qualified at the April Term, 1772. During the intervening
year, "with healthy but vehement ambition," he prosecuted
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206 THE NOETH OAEOLINA BOOKLBT,
his studies and regularly attended the courts. "Books he had
not, save a volume or two stuffed into his saddle-bag with a
scanty supply of apparel. * * * Iredell early fixed his
eyes upon the glittering heights of his profession, and so
self-assured was he of his capacity and industry that he never
faltered in his purpose — ^he was resolute to win; and with
such men to resolve is to compel success. If unemployed in
the courthouse, he peopled his chambers with judge, jury and
spectators; he argued his cases before his imaginary court
and reported his own arguments." McRee gives an illus-
tration of his habit of writing out arguments in cases tried
in the courts, although not employed in them. It is interest-
ing, both because of the careful and orderly statement of
the facts and the logical arrangements of argument which
marked his opinions when called into judicial service. The
journal shows that, while preparing for his Superior Court
license, Iredell was diligent in the study of Blackstone's Com-
mentaries. The work had been published but a few years
before and was widely read in America. Burke, in his
speech on "Conciliation," stated that the booksellers informed
him that as large a number of copies had been sold in America
as in England. Iredell writes in his journal, "Came home
and read an hour or two in Blackstone." "Employed myself
all the rest of the evening reading Blackstone." "I imme-
diately came home and finished the second volume of Black-
stone."
The journal, during this year, leaves the reader in doubt
whether he was most assiduous in his devotions to Miss Han-
nah Johnston or the great commentator. That he woeed
both successfully is evidenced by the fact that on January
18, 1773, he was united in marriage to this estimable lady,
who "supplemented what he needed. * * * She was
his constant monitor, adviser, banker and trusted friend.
* * * Their lives, united in one stream, flowed onward
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JAMES IKEDELL. 207
softly and gently." She was the sister of Governor Samuel
Johnston. Their correspondence, when separated by his
riding the circuit in the practice of his profession and,
later, in the discharge of his high oflBcial duties, is both in-
teresting and instructive. Iredell's grandfather was a clergy-
man of the Church of England. His early religious training
and his associations impressed their influence upon his mind
and character. He was given to religious contemplation and
often wrote "reflections" upon religious subjects quite re-
markable for so young a man. Within a year after coming
to Eden ton he writes his Sunday "thoughts," concluding: "I
am not ashamed to think seriously of religion, and hope no
example will induce me to treat it with indifference. Youth
is as much concerned to practice and revere it as any in the
more advanced stages of life, and I have drawn up the fore-
going plain, but useful, remarks as thinking it the best way
of employing my time when I have had no opportunity of
attending public worship." Writing his brother, he says:
"Let me desire you to let no flashes of wit, or impertinent
raillery of religion, shock your principles or stagger your
belief. Men of this cast laugh at religion, either because
they know nothing of it or care nothing for it Men of shal-
low understandings or bad hearts are those who generally
rank themselves in the list of free thinkers."
The controversies between the Royal Governors and the
people in North Carolina began at an early day. They con-
tinued to grow in number and intensity. "Though a King's
officer, Iredell soon became imbued with the views of the
American leaders; felt that his future was identified with
their future, and determined to participate in their defeat
or success, to share in their disgrace or glory. He soon
formed intimacies with the leading men of the Province,
men whose thoughts were to irradiate subsequent darkness,
and whose voices were destined to cheer and sustain the peo-
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208 THE NOBTH OABOLINA BOOKLET.
pie in the hour of disaster. Ere long he began witii them an
active correspondence, and his part was so well supported
that a learned gentleman and most competent judge writes v
*He was the letter writer of the war. He had no equal
amongst his contemporaries.' "
As early as September, 1773, he published his first politi-
cal essay, saying, among other things: "I have always been
taught, and till I am better informed must continue to be-
lieve, that the Constitution of this country is founded on the
Provincial Charter, which may well be considered the
original contract between the King and the inhabitants."
"In 1774 the Eevolution was fairly inaugurated in North
Carolina. Nowhere were the points in dispute between the
colonies and Great Britain more clearly stated or more ably
argued. The people were generally agreed. * * * It
is true that none meditated independence as an object of
desire; but it was foreseen as a possible consequence. The
contest, that was soon to be developed into flagrant war, wa&
eminently, in North Carolina, based upon principle. The
Whig leaders, ready with the pen and the columns of the
newspapers and the pamphlets, discussed the tax on tea and
the vindictive measures that followed the prompt opposition
of Boston, with a degree of learning and logic that was not
surpassed by any of their contemporaries in other provinces.
* ♦ * There was no array of class against dass. The
foremost in talent were foremost in all measures; they had
the confidence of the people. The followers of such men as
Harvey, Johnston, Ashe, Harnett, Hooper, and Caswell could
not be otherwise than well informed. * * * In the quiet
retreat of his study, with naught to stimulate but the prompt-
ings of his own honest heart and, perchance, the smile of his
noble wife, with patient toil Iredell forged and polished the
weapons of debate; if others fixed his mark he recked not
who claimed the honor of the cast.'*
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JAMES IBEDELL. 209
Mr. Iredell, at this time, began a correspondence with
William Hooper, in which they discussed the questions en-
gaging the attention of thoughtful men. On April 26, 1774,
Hooper writes him: "Every man who thinks with candor
is indebted to you for the share you have taken in this in-
teresting controversy. * * * You have discussed dry
truths vnth the most pleasing language, and have not parted
with the most refined delicacy of manners in the warmth of
the contest. * * * I am happy, dear sir, that my con-
duct in public life has met your approbation. It is a suf-
frage from a man who has wisdom to distinguish and too
much virtue to flatter. * * * Whilst I was active in
contest you forged the weapons which were to give success
to die cause which I supported. * ♦ ♦ With you I
anticipate the important share which the colonies must soon
have in regulating the political balance. They are striding
fast to independence, and ere long will build an empire upon
the ruin of Great Britain ; will adopt its Constitution, purged
of its impurities, and, from an experience of its defects, will
guard against those evils which have wasted its vigor and
brought it to an untimely end."
The first Provincial Congress "called by the people them-
selves" — defying the threats of the Royal Governor — met in
New Bern August 25, 1774. Iredell's friends, Johnston,
Hewes, Thomas Jones, and Hooper, were conspicuous mem-
bers. John Harvey was "Moderator." The first of Iredell's
political efforts, which have been preserved, was addressed
to "The Inhabitants of Great Britain." The address is set
out in full in McRee's "Life and Correspondence," and con-
tains an able and exhaustive statement and defense of the
cause of the Americans. He gives the history of their coming
and settling the province, the provisions of their charters and
the violations of them by the King and his Parliament
Iredell soon thereafter settled his accounts and closed his
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210 THE NOBTH OABOLINA BOOKLET.
career as Collector, to which position he had been promoted.
After the 4th of July, 1776, he became deeply interested in
the proposed form of government to be adopted by the new
State. He had attended the courts, when open, and had
given diligent attention to the practice of his profession.
After the adoption of the Constitution (November, 1776)
and the inauguration of a State Government a judicial sys-
tem was established — "Iredell drawing the first Court Law.*'
At the session of the Assembly, November, 1777, the State
was laid off into three judicial districts; Samuel Ashe,
Samuel Spencer, and James Iredell were appointed judges.
His appointment was brought about by William Hooper,
who writes December 23, 1777: "Before this reaches you
you will have received the information of being promoted
to the first honors the State can bestow. * * * You will
be at a loss to conjecture how I could have been accessory to
this step after you had been so explicit to me on the subject.
Be assured that I was not inattentive to your objections, nor
did I fail to mention them and urge them with sincerity to
every person who mentioned you for the office to which you
are now designated. * * * I expostulated with them
upon the impropriety of electing one who in all probability
might decline, and leave one of the seats of justice vacant.
* * * Their reasoning prevailed and you have now the
satisfaction of an unrestricted choice. The appointment has
been imposed upon you, and therefore you are at perfect lib-
erty to act or not." Archibald Maclaine wrote : "I can only
say that if it would answer your purposes as fully as it would
please your friends and the public, it would give me real
satisfaction." When it is remembered that at this time Ire-
dell was but twenty-seven years old ; that only ten years prior
thereto he had come to the State a youth of seventeen, un-
known, without wealth or other influences, his election, un-
sought and against his inclination, to the highest judicial
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JAMES IBEDELL. 211
position in the State, it is manifest that by his personal con-
duct and character, as well as his learning and ability, he
had strongly and favorably impressed himself upon the peo-
ple and their representative men. William Hooper was a
lawyer of learning and experience, as were other members of
the Assembly. Maclaine, also an eminent lawyer and mem-
ber of the Assembly, thus expressed the opinion of his as-
sociates: "However arduous the task you have undertaken,
we have the most hopes from your judgment and integrity,
and these hopes are strengthened by your diffidence. * * *
The members of the Assembly, in appointing you, thought,
with great reason, that they effectually served themselves and
their constituents. As to myself, I confess I was actuated
by duty to the public, having been taught that your promo-
tion would more effectually serve them than you." Iredell
accepted the judgeship at much personal sacrifice. The sal-
ary was totally inadequate for the support of his family.
Replying to a letter from Governor Burke calling upon
him to hold Courts of Oyer and Terminer, he says : "In re-
gard to the courts your Excellency proposed immediately to
establish, I am always ready to attend them as my duty re-
quires, but I take the liberty to represent to your Excellency
that I fear that I shall not be able to defray the expenses they
will involve me in unless I receive a sum of money from the
public. * * * I am not ashamed of confessing my
poverty, as it has not arisen from any dishonorable cause. My
circumstances have suffered deeply, but if I can bear myself
above water I am content to suffer still. * * * I ghall
not fail to do my utmost then and at all times in discharge
of my duty."'
He rode one circuit, during which his letters to his wife
give an interesting account of the country through which he
traveled, the people with whom he was associated and the
<SUto Records of N. C, XXII. 562.
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212 THE NOETH OABOLINA BOOKLET.
experiences of a judge "on circuit" at that early period in
our history. He went as far west as Salisbury. At the Eden-
ton term, June 6, 1778, the grand jury requested that he
furnish his charge for publication, saying: "This charge
vindicates the American States, in the establishment of inde-
pendency, by arguments drawn from undeniable rights and
from real necessity, and grounded on incontestable facts.
* * * It breathes a spirit of pure disinterested patriot-
ism, and holds forth the most powerful incentive to persist
in the opposition which America has so successfully begun.
It points out persuasively the importance of a faithful ob-
servation of the various political and relative duties of se-
curity upon which the happiness of individuals and of the
whole depends, and which will tend to give stability to our
present Constitution.''
The language of the charge is spirited, the sentiment pa-
triotic, with considerable warmth of expression towards the
King and his ministers. A few extracts will give an idea
of its general tone. Eeferring to the fact that no courts had
been held for a long time, he says: "This court of justice
opens at a most interesting period of the policy of this coun-
try. We have been long deprived of such, from a variety
of causes, in some of which we have shared with our brethren
on the Continent; others were peculiar to ourselves. The
event, however, has been unhappy and distressing, and every
wellwisher to his country must view with pleasure a scene
of anarchy changed to that of law and order, and powers of
government established capable of restraining dishonesty and
vice. Such powers have been established under circumstances
which should induce to them peculiar reverence and regard.
They have not been the effect of usurpation; they have not
proceeded from a wanton desire of change; they have not
been imposed upon you by the successful arms of a tyrant;
they have been peaceably established by the public at large.
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JAMES IBEDELL. 213
for the general happiness of the people, when they were
reduced to the cruel necessity of renouncing a government
which ceased to protect, and endeavored to enslave them,
for one which enabled them, with a proper share of courage
and virtue, to protect and defend themselves. * * * We
desired only the privileges of a free people, such as our an-
cestors had been and such as they expected we should be.
We knew it was absurd to pretend we should be free when
laws might, at pleasure, be imposed upon us by another peo-
ple. * * * Our ancestors came here to enjoy the bless-
ings of liberty. They purchased it at an immense price.
Their greatest glory was that they had obtained it for them-
selves and transmitted it to their posterity. God forbid that
their posterity should be base or weak enough to resign it,
or let it appear that the true British spirit, which has done
such wonders in England, has been lost or weakened by
being transplanted to America. * * * You will, I hope,
excuse, gentlemen, the particular, perhaps too great particu-
larity, with which I have gone into this subject. Yet I
thought it my duty to point out to you some of the principles
upon which the revolution in our government has taken place
and which, in my opinion, prove not only the propriety of
its being effected, but the indispensable obligation we are
under to maintain and support it. * * * The struggles
of a great people have almost always ended in the establish-
ment of liberty. The enjoyment of it is an object worthy of
the most vigilant application and the most painful sacrifices.
Is there anything we read with more pleasure than the suffer-
ings and contentions of a brave people who resist oppression
with firmness, are faithful to the interests of their country
and disdain every advantage that is incompatible with them t
Such a people are spoken of with admiration by all future
ages. ♦ * * These are the glorious effects of patriot-
ism and virtue. They are the rewards annexed to the f aith-
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214: THE NORTH OABOLINA BOOKLET.
ful discharge of that great and honorable duty, fidelity to
our country."
Referring to the burdens laid upon the colonists and
their right to resist them, he says: "We knew of no right
they could have to such a power. Our charters did not
recognize it. It certainly was not in our ancestors' con-
templation, who left that very country because freedom could
not be enjoyed in it. Custom had given it no sanction.
* * * It was reconcilable to no principles of justice.
* * * We despised the miserable application of a few
political maxims * * * which to this hour is the basis
upon which all the fraud, iniquity, injustice, cruelty and op-
pression that America has experienced from Great Britain
have been defended. * * * The divine right of kings
was exploded with indignation in the last century. Men
camq at length to be persuaded that they were created for a
nobler purpose than to be slaves of a single tyrant. They
did not confine this idea to speculation; they put to death
one King and expelled another. This was done in England,
the seat of our haughty enemies, who seem to think the right
of resistance is confined alone to their kingdom." When it
is remembered that this charge was delivered at a time when
the American cause was far from hopeful, the courage ex-
hibited was of no low order. Iredell, too, was a conserva-
tive — but withal a man and a patriot
Soon thereafter he sent his resignation to the Governor^
who accepted it with much reluctance, saying, "as you can
well conceive, well knowing your place can not be supplied
by a gentleman of equal ability and inclination to serve the
State." He continued the practice of the law until, on July
8, 1779, he was tendered and accepted the position of At-
torney General. Hooper writes, expressing pleasure that he
has consented to accept, saying: "I have the happiness to
assure you that the leading characters in this part of the
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JAMES IBEDELL. 215
country [Cape Fear] speak of you as a capital acquisition
to our courts, and exult that there is a prospect of offenders
being brought to due punishment without the passions of
party or the prejudice of individuals swaying the prosecu-
tion." Iredell traveled the circuit, attending the courts in
the discharge of his duties and receiving a large share of civil
business. His letters to Mrs. Iredell give an interesting and
often amusing account of his experiences. From New Bern
he writes: "Expenses are enormous. My last jaunt has
cost me $600 on the road and the depreciation will certainly
proceed most rapidly, for they are giving away the money
at the printing oflSce in so public and careless a manner as
to make it quite contemptible." Again he writes: "There
has not been much business, but I have been applied to in
almost everything. I have already received in civil suits
1,240 pounds in paper besides nineteen silver dollars. I ex-
pect to receive tomorrow 500 pounds and my salary for this
and Edenton Court, which will be 1,000 pounds. * ♦ ♦
My fear is that, as usual, the money will be much depreci-
ated before I lay it out. I shall carefully preserve the hard
money to the last." From New Bern, at the following term,
he writes Mrs. Iredell that he has received 4,540 pounds
"of this currency," 1,350 pounds of Continental, and $9 in
hard money ; that he will receive 1,500 pounds for his salary
at these courts, "but my expenses here are monstrous — 160
pounds a day for my board and lodging only." At Wil-
mington he was employed in the first admiralty case tried in
the State of which the record is extant. The Assembly at
Halifax, 1781, voted the judges 20,000 poimds each and the
Attorney General 10,000 pounds "for making up the depreci-
ation of their allowance." Iredell resigned his oflSce (1781),
of which, writing to his brother. Rev. Arthur Iredell, July,
1783, he says : "Since then I have been only a private law-
2
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yer, but with a show of business very near equal to any law-
yers in the country."
After the ratification of the Treaty of Peace and the with-
drawal of troops from the State, the people began the work
of restoring their fortunes and enacting laws suited to their
new political situation. Differences, more or less funda-
mental, which had manifested themselves during the war,
became more marked— dividing the leaders and people into
parties. Iredell was in agreement with the conservatives,
Johnston, Hooper, Maclaine, Davie, Spaight, and others, in
opposition to Willie Jones, Thomas Person, Samuel Spencer,
and others. The former insisted that the State should carry
out in good faith the terms of the treaty, and adopt such
measures as were necessary for that purpose; enforce con-
tracts and maintain a strong and stable government While
Iredell neither held nor sought any public position, he was
"in touch," through correspondence and otherwise, with the
leaders of the party known as Conservatives. He prosecuted
the practice of his profession with industry and success, rank-
ing easily with the leaders of the bar. The more radical
sentiment in the State was disposed to magnify the power of
the Legislature and oppose any restriction upon it by the en-
forcement of Constitutional limitations, especially by the
courts. In an address to the public, Iredell set forth his
views regarding the enforcement of Constitutional limita-
tions upon the Legislature. Referring to the Convention
(November, 1776), which formed the Constitution, he says:
^*It was of course to be considered how to impose restrictions
on the Legislature that might still leave it free to all useful
purposes, but at the same time guard against the abuse of
unlimited power, which was not to be trusted, without the
most imminent danger, to any men or body of men on earth.
We had not only been sickened and disgusted for years with
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JAMBS IBBDBLL. 217
the high and almost impious language from Great Britain,
of the omnipotent power of the British Parliament, but had
severely smarted imder the effects. We felt, in all its rigor,
the mischiefs of an absolute and unbounded authority,
claimed by so weak a creature as man, and should have been
guilty of the basest breach of trust as well as the grossest
folly if in the same moment, when we spumed at the inso-
lent despotism of Great Britain, we had established a despotic
power among ourselves. * ♦ ♦ j have no doubt but that
the power of the Assembly is limited and defined by the Con-
stitution. It is a creature of the Constitution. * * ♦
These are consequences that seem so natural, and indeed so
irresistible, that I do not observe that they have been much
contested. The great argument is, that although the As-
sembly have not a right to violate the Constitution, yet if
they in fact do so, the only remedy is either by a humble
petition that the law may be repealed or a universal resist-
ance of the people. But, in the meantime, their act, what-
ever it is, is to be obeyed as a law; for the judicial power
is not to presume to question the power of an act of As-
sembly." He proceeds, with remarkable clearness and force,
to set forth his opinion upon this question, expressing the
view which has since been pursued by the courts, both State
and Federal. He concludes: "These are a few observations
that have occurred to me on this subject. They are given by
a plain man, imambitious of power, but sincerely and warmly
interested in the prosperity of his country ; feeling every re-
spect for the Constitutional authority of the Legislature
which, in his opinion, is great enough to satisfy an ambi-
tious as well as support the efforts of a public-spirited mind,
but a determined enemy on all occasions of arbitrary power
in every shape whatever, and reverencing beyond expression
that Constitution by which he holds all that is dear to him
in life." It must be remembered that these views were ex-
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pressed before any court had held that it was within the
power and therefore the duty of the judiciary to refuse to
enforce statutes passed without Constitutional warrant. The
question had been mooted, and in one case passed upon, prior
to the date of IredeU's address (1786), but the opinion of the
Court had not been published beyond the jurisdiction in which
it was decided. Eichard Dobbs Spaight, while a member
of the Convention at Philadelphia (August 12, 1877), in a
letter to Iredell, refers to the action of the judges in holding
an act depriving litigants of trial by jury (Bayard v. Single^
ton, 1 Martin, 42) unconstitutional. He laments "that the
Assembly have passed laws unjust in themselves and mili-
tating in their principles against the Constitution in more
instances than one." He says : "I do not pretend to vindi-
cate the law, which has been the subject of controversy; it
is immaterial what law they have declared void; it is their
usurpation of the authority to do it that I complain of, as
I do most positively deny that they have any such power;
nor can they find anything in the Constitution, either directly
or impliedly, that will support them or give them any color
of right to exercise that authority. ♦ * * It must be
acknowledged that our Constitution unfortunately has not
provided a suflScient check to prevent the intemperate and
unjust proceedings of our Legislature, though such a check
would be very beneficial, and I think absolutely necessary
to our well being ; the only one that I know of is the annual
election which, by leaving out such members, will in some
degree remedy, though it can not prevent, such evils as may
arise.'* On August 26, 1787, Iredell answered Mr. Spaight's
letter at length, saying: "In regard to the late decision at
New Bern, I confess that it has ever been my opinion that
an act inconsistent with the Constitution was void, and that
the judges, consistently with their duties, could not carry
it into effect. The Constitution appears to me to be a funda-
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jam!bs ibsdbll. 219
mental law, limiting the powers of the Legislature, and with
which every exercise of those powers must be compared." In
regard to his apprehension that the power will be abused,
Iredell says : "If you had seen, as I did, with what infinite
reluctance the judges came to this decision, what pains they
took by proposing expedients to obviate its necessity, you
would have seen in a strong light how little probable it is a
judge would ever give such a judgment when he thought he
could possibly avoid it. But whatever may be the conse-
quences, formed as our Constitution is, I can not help think-
ing they are not at liberty to choose, but must in all ques-
tionable instances decide upon it. It is a subject indeed of
great magnitude, and I heartily lament the occasion for its
discussion. In all doubtful cases, to be sure the act ought to
be supported, it should be unconstitutional beyond dispute
before it is pronounced such."
The Convention at Philadelphia having submitted the new
Federal Constitution to the Legislatures of the States, Iredell
at once entered upon the task of securing its adoption by the
people of North Carolina. In no State was the opposition
more pronounced or determined. The popular leaders of the
dominant party were active in their opposition, one of the
most prominent of them declaring that "Washington was a
d — ^n rascal and traitor to his country for putting his hand to
such an infamous paper as the new Constitution." Another,
said to have been the most popular leader in the State,
seriously insisted in the Convention upon rejecting it with-
out discussion, saying that he had made up his mind and was
sure that others had done so. "Of all those who were most
active in pressing upon the people the adoption of the Con-
stitution Mr. Iredell was undoubtedly the most able and
energetic."
At the session of the Legislature November, 1787, Mr.
Johnston was elected Gbvemor and Mr. Iredell a member
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of the Council ; he was also appointed a commissioner to re-
vise and collect the Acts of the General Assembly, then in
force. A convention of the people was called to meet at
Hillsboro, composed of delegates from the several counties
and the borough towns. Iredell was elected, unanimously,
from Edenton. On January 8, 1788, he published a pam-
phlet entitled "Answer to Mr. Mason's Objections to the New
Constitution Recommended by the late Convention at Phila-
delphia,'' by "Marcus." He stated each of Mr. Mason's
"objections" in their order, and in the same order answers
them. It is not within the scope of this sketch to imdertake
a review of Mr. Iredell's "answer" to the celebrated paper
of Mr. George Mason. The pamphlet made a favorable im-
pression on the public mind and strongly influenced Iredell's
future career. The correspondence between Iredell and Wil-
liam Hooper, William R. Davie and Maclaine gives an intei^
esting view of the condition of public sentiment in the State
in regard to the new Constitution. Says one, writing of the
leaders in the Convention: "The most prominent Federal-
ists were Iredell, Davie, Gk)vemor Johnston, Spaight, Mac-
lain [sic] and Steele. Foremost in their number and the
leading spirit of the whole body was Judge Iredell, conspic-
uous for his graceful elocution, for the apt application of his
varied learning, his intimate knowledge of the schemes of
government, and his manly and generous temper.
"Davie, with spotless plume, towering in intellect, as in
stature, above the majority of the members, stood like a
knight of the olden time, lance in hand, the luster of his
military services played about him and was reflected in flash-
ing light from hauberk, morion and polished steel.
"Governor Johnston, the President of the Convention, calm,
lucid and convincing, seldom participated in the debate;
when he did, his blows were always delivered with stunning
effect.
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JAMES IBEDELL. 225
"Maclaine, sensible, pointed and vigorous, was the Hotspur
of his party.
"Steele was laborious, clear-sighted and serviceable by his
knowledge of men.
"Willie Jones, although democratic in theory, was aristo-
cratic in habits, tastes, pursuits and prejudices; he lived
sumptuously and wore fine linen; he raced, hunted and
played cards. A patriot in the Revolution, he was now the
head of a great party. * * * He was a loving and
cherished disciple of Jefferson, and was often taunted with
his subserviency to Virginia 'abstractions.' He seldom
shared in the discussions.
"Judge Spencer, candid and temperate, was in debate far
superior to his associates.
"David Caldwell, a Presbyterian divine, was learned and
intelligent. He had for years discharged the triple functions
of preacher, physician and teacher.
"McDowell, the rival of Davie in military renown, was a
man of action rather than words.
"Bloodworth, by no means the least among them, was one
of the most remarkable men of the era, distinguished for
the versatility of his talents and his practical knowledge of
men, trades, arts, and sciences. The child of poverty, dili-
gence and ambition had supplied the place of patronage and
wealth ; he was resolute almost to fierceness, and almost radi-
cal in his democracy.''
William Hooper, General Allen Jones, William Blount,
and Judge Ashe were defeated at the polls.
The debates were conducted with ability and dignity, and
at times with much asperity. While Davie, Spaight, Mac-
laine and Johnston bore their share, Iredell was the acknowl-
edged leader for adoption. The proceedings of the Conven-
tion are published in Elliott's Debates. The opposition could
not be overcome and, on the final vote, the Constitution was
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222 THE NOBTH OABOLINA BOOKLET.
rejected by a vote of 184 to 84.' While Iredell was defeated
he made many friends and advanced his reputation in the
State. One of the new western coimties was given his name.
The requisite number of States having ratified the Constitu-
tion, the new government was organized April 30, 1789,
North Carolina taking no part but remaining a free, sover-
eign, independent State.
It appears from the letters of the Honorable Pierce But-
ler, Senator from South Carolina, vnritten from New York,
August 11, 1789, that Iredells' reputation had extended be-
yond the borders of the State. He says: "The Southern
interest calls aloud for some such men as Mr. Iredell to rep-
resent it — ^to do it justice.'' Dr. Williamson writes, at the
same time: "The North Carolina Debates are considerably
read in this State, especially by Congress members, some
of whom, formerly had little knowledge of the citizens of
North Carolina, have lately been very minute in their in-
quiries concerning Mr. Iredell. By the way, I have lately
been asked by a Senator whether I thought you would accept
a judge's place under the new government if it required your
moving out of the State, as we are not in the Union." A
second Convention met at Fayetteville November 2, 1789.
Iredell was not a candidate for election as a delegate. With
but little debate the Constitution was ratified and amend-
ments proposed. A bill was passed establishing a university,
the names of Samuel Johnston and James Iredell being placed
at the head of the list of trustees.*
Maclaine writes Iredell December 9, 1789 : '^What would
you think of being the District Judge ?" He was soon called
to a larger field and higher judicial service. On February
10, 1790, without solicitation on his part, Mr. Iredell was
nominated by President Washington, and unanimously con-
«Convention of 1788.— N. C. Booklet. Vol. IV.
«BaUle'8 mstory of the University of North Carolina, 821.
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JAMSS IBEDELL. 223
firmed by the Senate, one of the Associate Justices of the
Supreme Court of the United States. He was just thirty-
nine years old. The President enclosed his commission with
the following letter: "One of the seats on the bench of the
Supreme Court of the United States having become vacant
by the resignation of the gentleman appointed to fill the
same, I have thought fit, by and with the advice and consent
of the Senate, to appoint you to that oflSce, and have now
the pleasure to enclose you a commission to be one of the
Associate Judges of the Supreme Court of the United States.
You have, sir, undoubtedly considered the high importance
of a judicial system in every civil government. It may
therefore be unnecessary for me to say anything that would
impress you with this idea in respect to ours. ♦ * * I
must, however, observe that, viewing as I do the Judicial
System of the United States as one of the main pillars on
which our National Government must rest, it has been my
great object to introduce into the high oflSces of that depart-
ment such characters as, from my own knowledge or the best
information, I conceived would give dignity and stability to
the government * * * at the same time that they added
luster to our national character." It is said that "Washing-
ton derived his conviction of Iredell's merits from a perusal
of the Debates in the North Carolina Convention and the
famous reply to Geoi^e Mason's objections." " Butler wrote
Iredell February 10th: "I should have been happy to have
had you in Congress. The Union will no longer be deprived
of your aid and the benefit of your abilities. ♦ * ♦ I
congratulate the States on the appointment and you on this
mark of their well-merited opinion of you.'' Acknowledging
the letter from the President, Iredell writes : "In accepting
this dignified trust I do it with all the diflSdence becoming
the humble abilities I possess; but, at the same time, with
■Canon's History of the Bupreme Court, 165.
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the most earnest resolution to endeavor by unremitting ap-
plication a faithful discharge of all of its duties, in the best
manner in my power." Judge Iredell was assigned to the
Southern Circuit and entered upon the work immediately.
He reached Charleston May 23, 1790, and there met Mr.
Eutledge before whom he took the oath of office. He writes
Mrs. Iredell: "I have received the greatest and kindest
civilities from Mr. Kutledge, at whose house I have the
pleasure of staying." He proceeded to Savannah. There
was but little business in the new Court other than organiz-
ing the Circuit Courts and putting the new judicial system
in working order. Supposing that the judges would "rotate"
in the Circuit Court work, he removed his family to New
York. The Court having, to his surprise, adopted the rule
which confined judges to one circuit — Iredell's being the
Southern — he found himself very much embarrassed. The
long distance to be traveled (1,900 miles) twice each year
was a severe tax upon his health and strength. He justly
complained of the arrangement to the Chief Justice, who
conceded that "your share of the task has hitherto been more
than in due proportion." Although the judges refused to
make a more equitable rule, by exchanges, they sometimes
rode different circuits. Justice Iredell took his seat with the
Chief Justice and his associates at the August Term, 1790.
No business was transacted, the Court adjourning sine die,
Iredell again rode the Southern Circuit, but it does not ap-
pear that there was much business to engage his attention.
William Hooper, to whom Iredell was strongly attached,
and for whose character and talents he had the highest re-
gard, died October 14, 1790. Writing a letter of condolence
to Mrs. Hooper, Iredell said: "An attachment founded on
the most perfect esteem and upon a gratitude excited by
repeated and most flattering obligations, ought not, and, in
me, I trust is not capable of being weakened by any change
of place, time or circiunstance."
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JAMES IBEDELL. 221
A suit was instituted at this time in the State Court against
Iredell and his co-executor upon a bond given by their tes-
tator to a British subject. His co-executor pleaded the "Con-
fiscation Act,^' in which Iredell refused to join. By direc-
tion of Justices Wilson, Blair and Eutledge a writ of certir
orari was issued to the State Court, which the judges refused
to obey. As an indication of the jealousy of the new gov-
ernment in the State, the General Assembly adopted a reso-
lution declaring that "The General Assembly do commend
and approve of the conduct of the judges of the Courts of
Law and Courts of Equity in this particular."* At the same
session the House of Commons, by a vote of twenty-five to
fifty-five, refused to adopt a resolution requiring the Gov-
ernor and other State oflBcials to take an oath "to support the
Constitution of the United States."
On the Southern Circuit at Savannah (1791) a question
arose, stated by Judge Iredell, as follows: "There were
depending some suits for the recovery of debts, to which pleas
were put in by the defendants, not denying the existence of
the debts, but showing (as they conceived) a right in the
State of Georgia to recover them under certain Acts of As-
sembly of the State passed prior to the Treaty of Peace. The
Attorney and Solicitor General of the State were directed to
interfere in the defense, but the counsel for the defendants
refused to permit them. The Attorney and Solicitor Gen-
eral, being dissatisfied with the pleas, applied to the Court
for leave to interfere in behalf of the State." Judge Iredell
was of the opinion that the State could appear only in the
Supreme Court, and for this reason denied the motion. He
suggested that the State had a remedy by an appeal to the
Equity jurisdiction of the Supreme Court. Deeply impressed
with the gravity as well as the novelty of the question he
writes: "I have been thus particular in stating this inter-
state Records. XXI, 441, 866. 1080. 1082.
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226 THE NOBTH OABOLINA BOOKLBT.
'Csting subject, because it appears to me of the highest mo-
ment, although I believe it would be difficult to devise an un-
exceptionable remedy. But the discussion of questions
wherein are involved the most sacred and awful principles
of public justice, under a system without precedent in the
history of mankind, necessarily must occasion many embai^
rassments which can be more readily suggested than re-
moved/' Out of these suits arose the celebrated case of
Georgia v. Bradlsford, 2 Dallas, 402 ; 3 Dallas, 1.
At the April Term, 1792, of the Circuit Court at Sa-
vannah Judge Iredell delivered a charge to the grand jury
which so impressed the members that they imanimously re-
quested its publication. A number of his "charges" in other
circuits were published at the request of the grand juries.
At the June Term, 1792, at the Circuit Court at Kaleigh,
N. C, Judge Iredell, with District Judge Sitgreaves, was
confronted with a delicate question. Congress had enacted
a statute directing that the invalid pension claims of widows
and orphans should be exhibited to the Circuit Courts; that
those to whom the Court granted certificates should be placed
on the Pension list, subject to the review of the Secretary of
War. Conceiving that the duties thus imposed were not ju-
dicial in their character, and therefore not authorized by the
Constitution, which carefully separated the powers and duties
of each department of the Government, Judge Iredell pre-
pared a remonstrance, addressed to the President, in which
he said:
"We beg leave to premise that it is as much our inclina-
tion as it is our duty to receive with all possible respect every
act of the Legislature, and that we never can find ourselves
in a more painful situation than to be obliged to object to
the execution of any, more especially to the execution of one
founded on the purest principles of humanity and justice,
which the actual question undoubtedly is. But however
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JAMBS IBBDBLL. 227
lamentable a difference really may be * * * we are
under the indispensable necessity of acting according to the
best dictates of our judgment." He set forth at length the
reasoning by which he had been brought to the conclusion
that he could not, with proper regard to the Constitutional
distribution of powers, execute this statute, concluding: "The
high respect we entertain for the Legislature, our feelings as
men for persons whose situation requires the earliest as well
as the most effectual relief, and our sincere desire to pro-
mote, whether oflScially or otherwise, the just and benevolent
views of Congress, so conspicuous on this as well as on many
other occasions, have induced us to reflect whether we could
be justified in acting under this act personally in the char-
acter of commissioners during the session of a court; and
could we be satisfied that we had authority to do so we would
cheerfully devote such part of our time as might be necessary
for the performance of the service." The other Justices ad-
dressed similar letters to the President. The question was
brought before the Court by a motion made by Attorney Gen-
eral Randolph, ex officio for a mandamus directed to the Cir-
cuit Court for the District of Pennsylvania, commanding the
Court to proceed to hear the petition of William Hayburn,
etc. The Court being divided in opinion whether he could
make the motion ex officio, he was permitted to do so on be-
half of Hayburn. No decision was made at the time and
Congress soon thereafter "made other provisions for the re-
lief of pensioners." Judge Iredell, until the act was re-
pealed, heard a large number of petitions as commissioner.
He writes Mrs. Iredell from Hartford, Connecticut, Sep-
tember 30, 1792 : *^e have a great deal of business to do
here, particularly, as I have reconciled myself to the pro-
priety of doing the invalid business out of court." In United
States V. Ferreria, 13 Howard, 51, Chief Justice Taney says
of the action of the Court: "The repeal of the act clearly
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shows that the President and Congress acquiesced in the cor-
rectness of the decision, that it was not a judicial power."
Following the refusal to permit Georgia to intervene in
the Brailsford case, in the Circuit Court, the State filed a
bill in equity in the Supreme Court, alleging that the title
to the bond, upon which the action in the Circuit Court was
brought, was, by virtue of an act passed during the war,
confiscating and sequestrating the property and debts of
British subjects in the State. The Court was asked to enjoin
the plaintiffs from proceeding, etc Each of the Judges wrote
opinions. Iredell observed that he had sat in the Circuit
Court and refused the motion of the State to intervene. He
said that the Court could not, with propriety, sustain the
application of Georgia because whenever a State is a party
the Supreme Court has exclusive jurisdiction of the suit.
The State, therefore, did not have a complete and adequate
remedy at law. "Every principle of law, justice and honor,
however, seem to require that the claim of the State of Georgia
should not be indirectly decided or defeated by a judgment
pronounced between parties over whom she had no control,
and upon a trial in which she was not allowed to be heard."
He was of the opinion that an injunction should be awarded
to stay the money in the hands of the Marshal until the
Court made further orders, etc. The Court was divided in
opinion, the majority holding that an injunction should issue
until the hearing. At the February Term, 1793, a motion
was made by Randolph to dissolve the injunction. Iredell
was of the opinion that the motion should be denied. He
held that, for several reasons, the State could not sue on the
bond at law, asking: "How is she to obtain possession of
the instrument without the aid of a Court of Equity ?" point-
ing out the practical diflSculties which she would encounter
in securing the bond. To the suggestions that the State could
bring an action of assumpsit for money had and received
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JAMBS IfiEDELL. 229
against Brailsford, which he termed "the legal panacea of
modem times," he conclusively answers that while the action
"may be beneficially applied to a great variety of cases, it
can not be pretended that this form of action will lie before
the defendant has actually received the money," and this
Brailsford has not done. He suggests that the injunction
be continued, and an issue be tried at the bar to ascertain
whether the State of Georgia or Brailsford was the true
owner. Although a majority of the Judges were of the opin-
ion that the State had an adequate remedy at law, the course
suggested by Iredell was substantially pursued. At the Feb-
ruary Term, 1794, an amicable issue was submitted to a
special jury. The argument continued for four days, when
the Chief Justice instructed the jury: "The facts compre-
hended in the case are agreed ; the only point that remains is
to settle what is the law of the land arising upon those facts ;
and on that point it is proper that the opinion of the Court
should be given." He says that the opinion of the Court is
unanimous, that the debt was subjected, not to confiscation,
but only to sequestration, and that therefore the right of the
creditor to recover it was revived at the coming of peace,
both by the law of nations and the Treaty of Peace. It is
not very clear what question of fact was submitted to the de-
cision of the jury. He further instructed the jury that
while it was the "good old rule" that the Court should decide
questions of law and the jury questions of fact, the jury have
a right, nevertheless, to take upon themselves to judge of
both and to determine the law as well as the facts. The
learned Chief Justice suggests that the Court "has no doubt
that you will pay that respect which is due to the opinion
of the Court; for, as on the one hand, it is presumed that
juries are the best judges of facts, it is, on the other hand,
presumable that the courts are the best judges of law. But
still both objects are lawfully within your power of decision."
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230 THE NOETH OABOLINA BOOKLET.
Notwithstanding the facts were agreed upon and the Court
was unanimous in opinion in regard to the law, the jury,
"after being absent some time," returned to the bar and pro-
posed certain questions of law, which being answered, "with-
out going away from the bar," they returned a verdict for the
defendant. The case has the distinction of being the only
one in which a jury was empaneled in the Supreme Court
Flanders says: "The charge of the Chief Justice to the
jury is curious, from the opinions he expressed as to the ex-
tent of their powers. His statement of the law on that point
is clearly erroneous."^ Mr. James Scott Brown says : "The
judgment was clearly right, but the statement of the Chief
Justice that the jury was judge of the law, as well as the
facts, is open to serious doubt."*
In Chisholm v. Georgia, 2 Dallas, 419, standing alone, Ire-
dell enunciated and, with a wealth of learning and "arsenal
of argument," maintained the position that a State could not
be "haled into court" by a citizen of another State. The
question arose in an action of assumpsit instituted in the
Supreme Court against the State of Georgia, process being
served upon the Governor and the Attorney General. The
State refused to enter an appearance, but filed a remonstrance
and protest against the jurisdiction. The Attorney General,
Eandolph, representing the plaintiff, lodged a motion that
unless the State entered an appearance and showed cause to
the contrary, by a day named, judgment by default and in-
quiry be entered, etc. This motion was argued by Randolph,
the State not being represented. Each of the justices filed
opinions. Iredell first analyzed the provisions of the Consti-
tution conferring jurisdiction upon the Court in controversies
wherein a State was a party. He quotes the language of the
Judiciary Act distributing the jurisdiction in such cases^
ilives of the Chief Justioes, S93.
■Great American Lawyers, Vol. I, 285.
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JAMES IBEDELL. 231
He dwells somewhat on the meaning which should be given
to the word "controversies" in the Constitution, with the sug-
gestion that the use of this word indicated a purpose to so
restrict the causes in which jurisdiction was conferred as to
exclude actions at law for the recovery of money. He pro-
ceeds to consider the question whether it is necessary for
Congress to prescribe a method of procedure in controversies
wherein the State is a party. He argues that while the ju-
dicial department of the government is established by the
Constitution, the Congress must legislate in respect to the
number of the Judges, the organization of the Supreme and
such inferior courts as may be established, etc. He quotes
the fourteenth section of the Judiciary Act, in which power
is conferred upon the courts to issue writs of scire facias,
habeas corpus, and all other writs not specially provided for
by statute, whioh may be necessary for the exercise of their
respective jurisdictions and "agreeable to the principles and
usages of law," noting the fact that "neither in the State
now in question, nor in any other in the Union, any particu-
lar legislation authorizing a compulsory suit for the recovery
of money against a State was in being, either when the Con-
stitution was adopted or at the time when the Judicial Act
was passed," and concludes that only principles of the com-
mon law, a law which is the ground work of the laws in every
State in the Union and which, so far as it is applicable to
the peculiar circumstances of the country, and when no
special act of legislation controls it, is in force in such State,
as it existed in England at the time of the first settlement of
this country ; that no other part of the common law of Eng^
land can have any reference to the subject but that which
prescribes remedies against the Crown. Thus he is brought
to the decision of the real question in the case. It is mani-
fest that if, until Congress has prescribed some mode of pro-
cedure by which, in controversies wherein the State is a
3
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232 THE NOBTH OAEOLINA BOOKLET.
party, the Court must proceed by a mode "agreeable to the
principles and usages of law," and, to find such principles
and usages, resort must be had to the common law, the ques-
tion necessarily arises whether the States of the Union, when
sued, are to be proceeded against in the same manner as, by
the common law, is prescribed for proceeding against the
Sovereign. It is just at this point that the line of thought
between IredeU and Wilson divides. The former says:
"Every State in the Union, in every instance where its sov-
ereignty has not been delegated to the United States, I con-
sider to be as completely sovereign as the United States in
respect to the powers surrenderd; each State in the Union
is sovereign as to all the powers reserved. It must neces-
sarily be so, because the United States have no claim to any
authority but such as the States have surrendered to them ;
of course the powers not surrendered must remain as they
did before. * * * So far as the States, under the Con-
stitution, can be made legally liable to this authority, so far,
to be sure, they are subordinate to the authority of the United
States, and their individual sovereignty is, in this respect,
limited. But it is limited no further than the necessary exe-
cution of such authority requires." It will be observed that
Iredell is not, at this point in the argument, discussing the
question whether it is within the power of Congress to pre-
scribe a mode of procedure for bringing a State into the Fed-
eral Court to answer for a money demand by a citizen of
another State. The argument is that, until it has done so,
the only method of proceeding against a State is that pre-
scribed by the common law for proceeding against the Sover-
eign. It therefore becomes necessary to follow the argument
and establish the proposition that prior to the formation and
ratification of the Constitution each State was a sovereign,
and that in ratifying the Constitution it did not part, in re-
spect to the mode of proceeding against it in a controversy in
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JAMSS IBEDELL. 233
the Federal Courts, with its sovereignty. He proceeds to give
an exhaustive and interesting history of the method of pro-
cedure for the recovery of money at the common law against
the King. The history of the law in England in this re-
spect, although very interesting, has no permanent interest
to the student of American Constitutional law. He thus con-
cludes this branch of the discussion : "I have now, I think,
established the following propositions : First, that the Court's
action, so far as it affects the judicial authority, can only be
carried into effect by acts of the Legislature, appointing
courts and prescribing their method of procedure; second,
that Congress has provided no new law, but expressly re-
ferred us to the old; third, that there are no principles of
the old law to which we must have recourse that, in any
measure, authorizes the present suit, either by precedent or
analogy."
This conclusion was sufficient, from Iredell's point of
view, to dispose of the case before the Court, but Judge Wil-
son, who wrote the principal opinion for the majority, threw
down the gauntlet and challenged the basic proposition upon
which Iredell's argument was founded. Here we find the line
of cleavage between the two schools of thought upon the
fundamental conception of the relations which the States
bore to the Federal Government. Iredell was a Federalist,
Wilson a Nationalist. Wilson opened his opinion with these
words: "This is a case of uncommon magnitude. One of
the parties to it is a State, certainly respectable, claiming to
be sovereign. The question to be determined is whether this
State, so respectable and whose claim soars so high, is amen-
able to the jurisdiction of the Supreme Court of the United
States? This question, important in itself, will depend on
others, more important still ; may, and perhaps will be, ulti-
mately resolved into one no less radical than this — do the
people of the United States form a nation?" Iredell was
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234 THE NOETH CABOLINA BOOKLET.
not a man to conceal his opinions when either propriety or
duty demanded their expression. Meeting his associate upon
the "main question," "So far as this great question affects
the Constitution itself, if the present afforded, consistently
with the particular grounds of my opinion, a proper occasion
for a decision upon it, I should not shrink from its discus-
sion. But it is of extreme moment that no Judge should
rashly commit himself upon important questions, which it is
unnecessary for him to decide. My opinion being that even
if the Constitution would admit of the exercise of such a
power, a new law is necessary for the purpose, since no part
of the existing law applies, this alone is sufficient to justify
my determination in the present case. So much, however,
has been said on the Constitution that it may not be im-
proper to intimate that my present opinion is strongly against
any construction of it which will admit, under any circum-
stances, a compulsive suit against the State for the recovery
of money. I think every word in the Constitution may have
its full effect without involving this consequence, and noth-
ing but express words or an insurmountable implication
(neither of which I consider can be found in this case)
would authorize the deduction of so high a power. ♦ * *
A State does not owe its origin to the government of the
United States, in the highest or any of its branches. It was
in existence before it. It derives its authority from the same
pure and sacred source as itself, the salutary and deliberate
choice of the people." He thus lays down a canon of Con-
stitutional construction : "If, upon a fair construction of the
Constitution of the United States, the power contended for
really exists, it undoubtedly may be exercised, though it is a
power of first impression. If it does not exist upon that au-
thority, ten thousand examples of similar powers would not
warrant its assumption." That Iredell was in harmony with
Hamilton is manifest from the following language used by
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JAMSS IBEDELL. 236
him in the Federalist : "It is inherent in the nature of sov-
ereignty not to be amenable to the suit of an individual with-
out its consent. This is the general sense and the general
practice of mankind, and the exemption, as one of the at-
tributes of sovereignty, is now enjoyed by the government
of every State in the Union. Unless, therefore, there is a
surrender of this immunity in the plan of the Convention,
it will remain with the States, and the danger intimated
must be merely ideal. ♦ * * There is no color to pre-
tend that the State governments would, by the adoption of
that plan, be divested of the privilege of paying their own
debts in their own way, free from every restraint but that
which flows from the obligation of good faith."* So Madi-
son declared in the Virginia Convention. "It is not within
the power of individuals to call a State into court."^* Mar-
shall, meeting the same objection to the Constitution, said:
"I hope that no gentleman will think that a State will be
called to the bar of the Federal Court. * * * It is not
natural to suppose that the sovereign power should be dragged
before a court."
Mr. Carson, writing of the opinion of the Court in Chis-
holm's case, says: "From these views Iredell alone dis-
sented in an able opinion, of which it has been said that it
enunciated, either directly or by implication, all the leading
principles which have since become known as State Rights'
Doctrine and which as a legal argument was far superior in
clearness of reasoning to Wilson or Jay. He confined him-
self strictly to the question before the Court, whether an
action of assumpsit would lie against a State."^*
In his "Lives of the Chief Justices" Van Santvord says:
"These views [of the majority] were not concurred in by
Judge Iredell, who delivered a dissenting opinion. That
•No. 81 (J. C. Hamilton, Ed. 602).
uEUiott'8 Debates. 2d Ed., 533.
uHiBt. Sup. Court, 174.
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236 THE NOETH OABOHNA BOOKLET.
able jurist considered the question also in a Constitutional
point of view, and as a question of strict construction. With
great force of reasoning, and admirable precision and clear-
ness of illustration, he analyzed the argument of the Attorney
General, and arrived at exactly the opposite conclusion. His
opinion was that no part of the existing law applied to this
case; and even if the Constitution would admit of the exer-
cise of such a power, a new law was necessary to carry the
power into effect, and that assumpsit at the suit of a citizen
would not lie against a State. One can scarcely arise from
a careful perusal of this able opinion without being sensibly
impressed with the force of the reasoning of the learned
Judge, and the accuracy of his deductions. Lucid, logical,
compact, comprehensive, it certainly compares very favor-
ably with that of the Chief Justice in every respect, and as a
mere legal argument must be admitted to be far superior.**
* * * As a constitutional lawyer Judge Iredell had no
superior upon the bench. His judicial opinions are marked
by great vigor of thought, clearness of argument, and force
of expression. He did not always concur with the majority
of his brethren in their constitutional constructions, and on
such occasion rarely failed to sustain his positions by the
strictest legal as well as logical deductions. In the interest-
ing case of Ware v. Hylton, 3 Dallas, 199, his dissenting
opinion exhibits uncommon research, learning, and ability.
As a legal argument it may be regarded as one of the best
specimens that have been preserved of the old Supreme
Court.""
"The rough substance of my argument in the suit against
the State of Georgia," bearing date "February 18, 1793," as
penned by the author, is before me. The writing is neat, the
"headings" carefully arranged, a few erasures — ^interline-
nPago 60.
"/6.. p. «1.
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JAMES IBEDELL. 237
ations — showing care and caution in the form of expression.
The argument covers twenty- three pages; the paper is well
preserved and the writing distinct. Of this opinion Mr.
Justice Bradley, in Hans v. Louisiana, 134 U. S., 14 (1889),
said : "The highest authority of this country was in accord
rather with the minority than with the majority of the Court.
* * * And this fact lends additional interest to the able
opinion of Mr. Justice Iredell on that occasion. The other
justices were more swayed by a close observance of the letter
of the Constitution, without regard to former experience and
usages; and because the letter said that the judicial power
shall extend to controversies between a State and citizens of
another State, etc., they felt constrained to see in this lan-
guage a power to enable the individual citizen of one State,
or of a foreign State, to sue another State of the Union in the
Federal Courts. Justice Iredell, on the contrary, contended
that it was not the intention to create new and unheard of
remedies by subjecting sovereign States to action at the suit
of individuals (which he showed conclusively was never done
before), but only by proper legislation to invest the Federal
Courts with jurisdiction to hear and determine controversies
and cases between the parties designated that were properly
susceptible to litigation in courts. Adhering to the mere let-
ter, it might be so; and so in fact the Supreme Court held
in Chisholm v. Georgia; but looking at the subject as Hamil-
ton and Mr. Justice Iredell did, in the light of history and
experience, and the established order of things, the views of
the latter were clearly right, as the people of the United
States subsequently decided. * * * In view of the man-
ner in which that decision was received by the country, the
adoption of the Eleventh Amendment, the light of history
and the reason of the thing, we think we are at liberty to
prefer Justice Iredell's views in this regard." This language
was approved by Fuller, C. J. ; MiUer, Field, Gray, Blatch-
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238 THE NOETH OABOLINA BOOKLET.
ford, and Lamar, Associate Harlan, J., alone dissenting. It
is not within the purpose or scope of this sketch to enter into
a discussion of the merits of the great question involved in
this battle of the giants or of the manner in which they sus-
tained their conclusions. It is, however, a part of the his-
tory of the controversy and of the times, that two days after
the opinion was filed sustaining the jurisdiction, by a majority
of the Court, the Eleventh Amendment was introduced into
Congress. "It was proposed by Mr. Sedgwick, a Repre-
sentative from Massachusetts, but was passed in the Senate
as amended by Mr. Gallatin."" Mr. Guthrie says that Mr.
Caleb Strong was its author. The words are : "The judicial
power of the United States shall not be construed to extend
to any suit, in law or equity, commenced or proceeded against
one of the United States by citizens of another State or by
citizens or subjects of foreign States." It is significant that
the language of the Amendment is declaratory of what, in
the opinion of Congress, was the correct construction of the
Constitution. It was essentially a reversal of the decision
of the Court and writing into the Constitution the dissenting
opinion of Justice Iredell. This is evidenced by the fact
that notwithstanding that, in accordance with the decision
in Chisholm's case, judgment was rendered for the plaintiff
at February Term, 1794, and a writ of inquiry awarded, the
Court, at February Term, 1798, in HoUingsworth v. Vir-
ginia, 3 Dallas, 378, upon being informed that the Eleventh
Amendment had been adopted, "delivered an unanimous
opinion that there could not be exercised any jurisdiction in
any case, past or future, in which a State was sued by the
citizens of another State, or by citizens or subjects of any
foreign State." Mr. William D. Guthrie says: "The un-
usual and peculiar wording of the Amendment first attracts
attention. Instead of d<*claring how the Constitution shall
MWatson's Const., 1536.
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JAMSS IBEDELL. 239
read in the future it declares how it shall ^not be construed.'
* * * The Amendment, therefore, does not purport to
amend or alter the Constitution, but to maintain it unchanged
while controlling its scope and effect and thereby authorita-
tively declaring how it shall not be construed."" Mr. Jus-
tice Bradley says: "The Supreme Court had construed the
judicial power as extending to such a suit, and the decision
was overruled. The Court so understood the effect of the
amendment."**
With that remarkable prevision which marks him as one
of, if not the first, prophetic statesman which the world has
produced, Hamilton points out the danger and difficulty
which lurked in the construction given to the Constitution
by the majority in Chisholm's case. He says: "To what
purpose would it be to authorize suits against States for the
debts they owed ? How could recoveries be enforced ? It is
evident that it could not be done without waging war against
the contracting State; and to ascribe to the Federal Courts,
by mere implication and in destruction of a preexisting right
of the State Governments a power which would involve such
a consequence, would be altogether forced and unwarrant-
able." This language becomes of present interest in the light
of the concluding words of the opinion of Mr. Justice Holmes
in Virginia v. West Virginia^ "As this is no ordinary com-
mercial suit but, as we have said, a quasi-international differ-
ence referred to this Court in reliance upon the honor and
constitutional obligation of the States concerned rather than
ordinary remedies, we think it best, at this stage, to go no
further but to await the effect of a conference between the
parties which, whatever the outcome, must take place.
* * * But this case is one that calls for forbearance
upon both sides ; great States have a temper superior to that
i*'*The Eleventh Amendment.'*— Columlna Law Review, March, 1908.
I'Hans V. Louiaana, 134 U. S. 11.
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240 THE NOETH CABOLINA BOOKLET.
of private litigants and it is to be hoped that enough has
been decided for patriotism, the fraternity of the Union and
mutual consideration to bring it to an end."^^ Certainly
the history of attempts to enforce money demands against
States, through Federal Courts, thoroughly vindicates the
wisdom of Iredell's view and the apprehension expressed in
his concluding words : "This opinion I hold, however, with
all the reserve proper for one which, according to my senti-
ments in the case, may be deemed, in some measure, extra-
judicial. With regard to the policy of maintaining such
suits, is not for this Court to consider, unless the point in
all other respects was very doubtful. Policy then might be
argued from with a view to preponderate the judgment
Upon the question before us I have no doubt. I have, there-
fore, nothing to do with the policy, but I confess, if I was
at liberty to speak on that subject, my opinion on the policy
of the case would also differ from that of the Attorney Gen-
eral. It is, however, a delicate topic. I pray to God that if
the Attorney General's doctrine as to the law be established
by the judgment of this Court, all the good he predicts of it
may take place and none of the evils with which, I have the
concern to say, it appears to me to be pregnant." In South
Dakota V. North Carolina,^^ the question, as there presented,
was discussed and decided against the contention of the State
by a divided Court of five to four. The present Chief Justice
wrote a strong and well sustained dissenting opinion, con-
curred in by Chief Justice Fuller, Justices McKenna and
Day. The decree there was, however, confined to a statu-
tory mortgage upon specific property. The question whether
judgment for a deficiency would be entered was expressly
reserved. The case was settled by compromise.
The Court has refused to take jurisdiction in a number of
•'Virginia v. Wert VirKinia. 230 U. S., 35.
»q02 U. 8.. 28«.
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JAMSS IBBDELL.
24^
cases where the attempt was made to avoid the provisions of
the Amendment.^*
In Penhallow v. Doane,^^ Judge Iredell wrote an intei>
esting opinion in which he discussed the relation which each
of the original colonies bore to each other prior to the forma-
tion of the Confederation and the power conferred on the
Confederation to establish Courts of Admiralty, and the effect
of the judgments of such courts in prize cases. It is not prac-
ticable to make extracts from this opinion, but the following
is of especial and permanent interest: "By a State forming
a republic I do not mean the Legislature of the State, the
executive of the State, or the judiciary, but all the citizens
which compose that State and are, if I may so express my-
self, integral parts of it. * * * In a republic all the
citizens, as such, are equal, and no citizen can rightfully ex-
ercise any authority over another, but in virtue of a power
constitutionally given by the whole community which forms
such body politic."
In Talbot v, Ja/nsen,^^ an interesting question was pre-
sented in regard to the right of expatriation and how it was
accomplished. Iredell wrote an opinion in which he discussed
the law of nations, etc. Upon the right of expatriation and
the limitations upon its exercise the opinion is interesting
and enlightening.
In the case of Hylton v. The United States/^ involving
the question whether a tax on carriages was a direct tax,
Iredell wrote a carefully guarded opinion concurring with
the other Justices that the tax in question was not a direct
tax within the meaning of the Constitution. He says : "There
is no necessity or propriety in determining what is, or is not,
a direct or indirect tax, in all cases. Some diflSculties may
arise which we do not at present foresee." His caution has
ivHans v. Louimnna, 9upra, Christian v. A. A N. C. R. R. Co.. 123 U. 8., 233; Murray
▼. Distilline Co.. 213 U. 8.. 151.
MS Dallas. 54.
n3 Dallas 133.
"8 Dallas, 171.
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242 THE NORTH OABOLINA BOOKLET.
been justified by the history of the attempt to settle this
much vexed question. Alexander Hamilton appeared for the
Government. Iredell writes to Mrs. Iredell: "The day be-
fore yesterday Mr. Hamilton spoke in our court, attended
by the most crowded audience I ever saw there, both Houses
of Congress being almost deserted on the occasion. Though
he was in very ill health he spoke with astonishing ability
and in a most pleasing manner, and was listened to with the
profoundest attention. His speech lasted three hours.
* * * In one part of it he affected me extremely. Hav-
ing occasion to observe how proper a subject it was for tax-
ation, since it was a mere article of luxury which a man
might either use or not as it was convenient to him, he added :
*It so happens that I once had a carriage myself and found
it convenient to dispense with it.' "
At the Spring Term, 1793, of the Circuit Court at Rich-
mond, before Jay, Iredell, and District Judge GriflSn, the
celebrated case of Ware v. Hylton was heard. During the
war the Legislature of Virginia passed an act confiscating
the debts of British subjects and directing the payment of
such debts to the loan oflSce of the State. The defendant,
who was indebted to the plaintiff, a British subject, had, in
obedience to the statute, made a partial payment thereon.
Suit was brought on the bond. The defendants were repre-
sented by Patrick Henry, Marshall, Inis and Campbell. Ire-
dell writes to Mrs. Iredell from Richmond, May 27th : "We
began on the great British cases the second day of the court,
and are now in the midst of them. The great Patrick Henry
is to speak today. I never was more agreeably disappointed
than in my acquaintance with him. I have been much in
his company and his manners are very pleasing, and his
mind, I am persuaded, highly liberal. It is a strong addi-
tional reason I have, added to many others, to hold in high
detestation violent party prejudice."
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JAMBS ISEDELL. 24^
The discussion was one of the most brilliant exhibitions
ever witnessed at the bar of Virginia. Mr. Henry spoke for
three consecutive days. The case was argued upon appeal
at the February Term, 1796, of the Supreme Court," Ire-
dell wrote an opinion concurring with the majority of the
Court that the Treaty of Peace enabled the creditor to sue
for the debt, but was of the opinion (dissenting) that the re-
covery should be confined to the amount that had not been
paid into the loan office. He said : "In delivering my opin-
ion in this important case I feel myself deeply affected by
the awful position in which I stand. The unconmion magni-
tude of the subject, its novelty, the high expectation it has
excited, and the consequences with which a decision may be
attended, have all impressed me with their fullest force."
Referring to the argument, he said: "The cause has been
spoken to, at the bar, with a degree of ability equal to any
occasion. However painfully I may at any time reflect on
the inadequacy of my own talents I shall, as long as I live,
remember, with pleasure and respect, the arguments which
I have heard in this case. They have discovered an in-
genuity, a depth of investigation and a power of reasoning
fully equal to anything I have ever witnessed, and some of
them have been adorned with a splendor of eloquence sur-
passing what I have ever felt before. Fatigue has given
way under its influence and the heart has been warmed
while the understanding has been instructed." The opinion
is exhaustive in learning. A competent judge has written
that "as a l^al argument it may be regarded as one of the
best specimens that have been preserved of the old Supreme
Court.""
Chief Justice Jay having resigned, and the Senate having
refused to confirm the nomination of Judge Rutledge, there
nBDmlla8,199.
MVan SAiitToord, lives of ihe Chief Justkee.
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244 THE NOETH OABOLINA BOOKLET.
was much speculation as to who would be appointed. Grov-
emor Johnston wrote Iredell : "I am sorry that Mr. Gush-
ing refused the oflBce of Chief Justice, as I don't know
whether a less exceptionable character can be obtained with-
out passing over Mr. Wilson, which would perhaps be a
measure that could not be easily reconciled to strict neu-
trality." Iredell writes Mrs. Iredell a few days after: "Mr.
Ellsworth is nominated our Chief Justice, in consequence
of which I think that Wilson will resign. * ♦ * The
kind expectation of my friends that I might be appointed
Chief Justice were too flattering. Whatever other chance
I might have had there could have been no propriety in
passing by Judge Wilson to come at me."
Iredell rode the Middle Circuit during the spring of 1796.
His charge at Philadelphia was published at the request of
the grand jury. At the August Term, 1798, in the case of
Colder v. Bull, ^^ Iredell set forth very clearly his view re-
specting the power of the judiciary to declare invalid acts
of the Legislature passed in violation of constitutional limi-
tations. He says: "In a government composed of legisla-
tive, executive and judicial departments, established by a
Constitution which imposed no limits on the legislative power,
the consequence would inevitably be that whatever the Legis-
lature chose to enact would be lawfully enacted, and the
judicial power could never interpose to pronounce it void.
It is true that some speculative jurists have held that a legis-
lative act against natural justice must, in itself, be void;
but I can not think that under such a government any court
of justice would possess the power to declare it so. * * *
It has been the policy of all the American States, which
have individually framed their State Constitutions since
the Kevolution, and of the people of the United States, when
they framed the Federal Constitution, to define with pre-
^ Dallas. 8M.
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JAMES IBEDELL. 24:1
cision the objects of the legislative power and to restrain its
exercise within marked and settled boundaries. If any act
of Congress, or of the Legislature of a State, violates those
Constitutional provisions, it is unquestionably void; though
I admit that as the authority to declare it void is of a deli-
cate and awful nature, the Court will never resort to that
authority but in a clear and urgent case. If, on the other
hand, the Legislatures of the Union shall pass a law within
the general scope of their Constitutional power, the Court
can not pronounce it to be void merely because it is, in their
judgment, contrary to the principles of natural justice. The
ideas of natural justice are regulated by no fixed standard;
the ablest and the purest men have differed on the subject,
and all that the Court could properly say in such an event
would be that the Legislature had passed an act which, in
the opinion of the Judges, was inconsistent with the princi-
ples of natural justice." It is doubtful whether this princi-
ple, peculiar to American Constitutional law, with its limi-
tations, has been more accurately stated.
Judge Iredell rode the Eastern Circuit with Judge Wil-
son. He was much pleased with the people of New Eng^
land, receiving many courtesies from them. He writes from
Boston that he soon found himself "engaged for every day
in the week — sometimes different invitations on the same
day. Judge Lowell has been particularly kind to me." His
charge to the grand jury at Boston was published by request
and referred to by the editor of the paper as "uniting elo-
quence with exhaustive knowledge and liberality." From
Boston he writes: "I have constantly received distinction
and courtesy here, and like Boston more and more. * * *
It is scarcely possible to meet with a gentleman who is not
a man of education. Such are the advantages of schools
of public authority; every township is obliged to maintain
one or more to which poor children can have access without
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246 THE NOBTH OABOLINA BOOKLBT.
any pay." He writes from Exeter, New Hampshire: "I
met in Boston with a gentleman who lives in Newbury Port
of the name of Parsons, who appears to me to be the first
lawyer I have met with in America, and is a remarkably
agreeable man." This was Theophilus Parsons, later Chief
Justice of Massachusetts. He writes that he had dined with,
the Committee and Corporation of Harvard College, "being^
seated next to the Lieutenant Governor, the famous Samuel
Adams, who, though an old man, has a great deal of fire
yet. He is polite and agreeable."
On May 27, 1797, Judge Iredell delivered a charge to the
grand jury in Richmond, Virginia, which was "animated,
perhaps too warm." At that time the grand jury frequently
made presentment of matters which they regarded as worthy
of public attention, although not the subject of criminal
prosecution. They presented "as a real evil the circular
letters of several members of the last Congress, and par-
ticularly letters with the signature of Samuel J. Cabell,
endeavoring, at a time of real public danger, to disseminate
unfounded calumnies against the happy Government of the
United States, thereby to separate the people therefrom and
to increase or produce a foreign influence ruinous to the
peace, happiness and independence of these United States."
Mr. Cabell made an angry retort, attacking the jury, judge
and the Supreme Court. He proposed to bring the matter
before Congress as a breach of privilege. Mr. Jefferson
urged Mr. Monroe to call it to the attention of the Legisla-
ture. Just what they proposed to do with the jury or the
judge does not very clearly appear. Judge Iredell published
a card in which he said that the charge was prepared before
he reached Richmond and had been delivered in Pennsyl-
vania and Maryland; that he was not acquainted with Mr.
Cabell and knew nothing of the letters referred to by the
grand jury. He concludes: "With regard to the illiberal
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JAMES IREDELL. 247
epithets Mr. Cabell has bestowed not only upon me, but on
the other Judges of the Supreme Court, I leave him in full
possession of all the credit he can derive from the use of
them. I defy him, or any other man, to show that, in the
exercise of my judicial character, I have ever been influenced
in the slightest degree by any man, either in or out of ofiice,
and I assure him that I shall be as little influenced by this
new mode of attack by a member of Congress as I can be
by any other." The political feeling in the country, and
especially in Virginia, was at that time very bitter. Gov-
ernor Johnston, Judge Iredell's brother-in-law, and always
his wise friend, writing him in regard to this incident, said :
"The answer was very proper, if proper to give it any answer
at all.'' He further said that which every Judge knows from
experience to be true : "I am sensible of the diflSculties with
which a man of warm feelings and conscious integrity sub-
mits to bear, without a reply, unmerited censure; yet I am
not certain but that it is more suitable to the dignity of one
placed in high and respectable departments of State to con-
sider himself bound to answer only when called upon con-
stitutionally before a proper tribunal."
Iredell rode the Southern Circuit during the spring of
1798, suffering much fatigue and discomfort. Judge Wil-
son, having suffered financial reverses, sought the hospitality
of Governor Johnston and Judge Iredell, and found in them
sympathetic friends. His health failed rapidly, resulting
in his death August 21, 1798. He was buried at Hayes, the
home of Governor Johnston. His remains were removed to
Philadelphia a short time since. At the February Term,
1799, of the Supreme Court, Iredell sat for the last time.
He filed "one of his best and most carefully written opin-
ions" concurring with the conclusion reached by the other
Judges in Sims v, Irvine.^^ He held the Circuit Court at
«3 Dallas. 425.
4
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248 THE NOBTH OABOLINA BOOKLET.
Philadelphia, at which term several of the insurgents were
on trial for treason. In his last charge to the grand jury
he dwelt at much length on the law of treason and the Alien
and Sedition laws. It is manifest that Iredell, as were
many others, was deeply impressed with the belief that
French philosophy and infidelity, coupled with the revolu-
tionary proceedings in that country, were making an impres-
sion upon the people of this country, finding defenders among
leaders of public sentiment, seriously threatening the peace
of the country and the dissolution of the Union. He was a
Federalist and joined with the members of that party in
their reverence for Washington. He disliked and distrusted
the French leaders and their principles. His charge was
filled with warning against the influence of principles and
conduct which, in his opinion, were involving the American
people in the French Revolution, and the disturbed relations
of that country with England. His concluding words in
his last charge to a grand jury are interesting and illustrative
of the condition of his mind. He says : "If you suffer this
government to be destroyed what chance have you for any
other ? A scene of the most dreadful confusion must ensue.
Anarchy will ride triumphant, and all lovers of order, de-
cency, truth and justice be trampled under foot. May that
Gk)d, whose peculiar province seems often to have interposed
to save these United States from destruction, preserve us
from this worst of all evils, and may the inhabitants of this
happy country deserve His care and protection by a conduct
best calculated to obtain them." The grand jury, requesting
the publication of the charge, say: "At a time like the
present, when false philosophy and wicked principles are
spreading with rapidity under the imposing garb of liberty
over the fairest coimtry of the old world, we are convinced
that the publication of a charge fraught with such clear and
just observations on the nature and operation of the Con-
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JAMES IREDELL. 249
stitution and laws of the United States will be highly bene-
ficial to the citizens thereof/' As an illustration of the con-
dition of public sentiment, Governor Johnston writes Ire-
dell who, having concluded the trials in Philadelphia had
come to Kichmond, "I am glad that you have got away from
the land of treason to the land of sedition; the change is
something for the better." Chief Justice Ellsworth, riding
the Southern Circuit, writes Iredell from Raleigh, N. C,
June 10, 1799: "My opinion, collected from some gentle-
men who have been lately traveling in that State (Virginia),
and others who were at the Petersburg races, presents a
melancholy picture of that country. These gentlemen re-
turned with a firm conviction that the leaders there were de-
termined upon the overthrow of the general government
* * * That the submission and assistance of North Caro-
lina was counted on as a matter of course." The Chief Jus-
tice, however, adds: "As it was shortly after the election
these may have been the momentary eflFusions of disappointed
ambition."
Thirty years of constant and wearing work, coupled with
the climate in which he lived and the long journeys on the
Southern Circuit, which he rode four times in five years, had
impaired Judge Iredell's health. He was unable to attend
the August Term, 1799, of the Court. His illness increased
until, on October 20, 1799, at his home in Edenton, he passed
away, in the forty-ninth year of his age. His friend, the
Rt. Rev. Charles Pettigrew, testified of him: "In the run
of the above twenty years I have often heard high encomiums
on the merits of this great and good man; but never in a
single instance have I heard his character traduced or his
integrity called in question."
His biographer, from whose excellent work I have largely
drawn in the preparation of this sketch, says that with Judge
Iredell's papers is an original "Treatise on Evidence," "an
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250 THE NORTH OABOLINA BOOKLET,
* * * Essay on the Law of Pleading," and one on the
"Doctrine of the Laws of England concerning Real Prop-
erty so far as it is in use or force in the State of North Caro-
lina" ; the two last unfinished.
When it is remembered that he came to America at seven-
teen years of age, with neither wealth nor family influence ;:
that his opportunities and sources of study were limited by
the condition of the country; that for seven of the thirty
years of his life here the country was engaged in war, we
can, in some degree, appreciate the immense labor which he
performed and the results which he accomplished. His life
is a tribute to the teaching and example of his parents, the
influence of those with whom he was brought into association
in his adopted home, his industry, talents, patriotism, and
lofty principles of honor and integrity.
Judge Iredell left one son, bearing his name, who became
a lawyer of learning and distinction. Judge of the Superior
Court, Governor, and United States Senator. He was, for
many years, Reporter of the Supreme Court of the State
and author of an excellent work on "The Law of Executors."
He died during the year of 1853. His descendants are among
the most honorable, useful and patriotic citizens of the State.
It has been the purpose of this sketch to set forth, in the
space which could be allotted, a short survey of the judicial
work of Judge Iredell. His early death cut short a career
on the bench full of promise of enlarging scope and useful-
ness. That he would have continued to develop his high
judicial qualities and, if permitted, shared with the "Great
Chief Justice" the work of laying deep and strong the founda-
tions of American Constitutional law can not be doubted.
His opinions upon Constitutional questions evince a very
high order of judicial statesmanship.
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DAVID CALDWELL. 251
DAVID CALDWELL— TEACHER. PREACHER.
PATRIOT
Bt CHARLES LEE SMITH.
No other North Carolinian of the Revolutionary period de-
serves more lasting fame than that consecrated preacher,
learned teacher, and devoted patriot, the Reverend David
Caldwell, D.D. He had his full share of the troubles of the
times, as it was the delight of both the Tories and the British
to persecute him. After driving him from his home, they
destroyed with great wantonness his library and the valuable
papers which he had prepared. An effort was made to seduce
him with British gold, but neither money nor persecution
could shake his loyalty to the cause he had espoused. His
is one of the most illustrious names in the educational his-
tory of our State, and it has been said, "Dr. Caldwell, as a
teacher, was probably more useful to the church (Presby-
terian) than any other one man in the United States.'' He
was an able preacher. Through his influence the Reverend
John Anderson, D.D., the Reverend Samuel E. McCorkle,
D.D., and many others who became distinguished, were
brought into the ministry of his church.
David Caldwell, the son of a sturdy Scotch-Irish farmer,
was bom in Lancaster County, Pa., March 22, 1725. In
early youth, after receiving the rudiments of an English edu-
cation, he was apprenticed to a carpenter, and until his
twenty-sixth year he worked at the bench. He then decided
to enter the ministry, and his first steps were to obtain a
classical education. For some time he studied in Eastern
Pennsylvania at the school of the Reverend Robert Smith,
the father of John B. Smith, so favorably known in Virginia
as president of Hampden-Sidney College, and of the Reverend
Samuel Stanhope Smith, D.D., at one time president of
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252 THE NOBTH OABOLINA BOOKLET.
Princeton College/ Before entering college he taught school
for one or more years.
It is not certainly known what year he entered Princeton,
though he was graduated in 1761. At the time he became a
student the requirements for admission were as follows:
"Candidates for admission into the lowest or Freshman class
must be capable of composing grammatical Latin, translating
Virgil, Cicero's Orations, and the four Evangelists in Greek ;
and by a late order (made in Mr. Davies's administration)
must understand the principal rules of vulgar arithmetic
Candidates for any of the other higher classes are not only
previously examined, but recite a fortnight upon trial, in that
particular class for which they offer themselves ; and are then
fixed in that, or a lower, as they happen to be judged quali-
fied. But, unless in very singular and extraordinary cases,
none are received after the Junior year." ^
His assiduity as a student may be gathered from the fol-
lowing incident related by Dr. Caruthers: "An elderly gen-
tleman of good standing in one of his (Caldwell's) congre-
gations stated to me a few weeks since that when he was a
young man Dr. Caldwell was spending a night at his father's
one summer about harvest, and while they were all sitting
out in the open porch after supper, a remark was after some
time made about the impropriety of sitting so long in the
night air; when he (Dr. Caldwell) observed that, so far as
his own experience had gone, there was nothing unwholesome
in the night air; for while he was in college he usually
studied in it and slept in it during the warm weather, as it
was his practice to study at a table by the window, with the
sash raised, until a late hour, then cross his arms on the
table, lay his head on them, and sleep in that position till
morning. This was not very far behind the most inveterate
iFoote*8 Sketches €i North Carolina, p. 282.
■Maclean's History of the College of New Jersey, vol. 1, p. 273.
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DAVID CALDWELL. 253
students of the seventeenth century, whether in Europe or
America, and a man who had strength of constitution to pur-
sue such a course of application, though of moderate abilities,
could hardly fail to become a scholar." '
The scope of the instruction given at Princeton is set forth
in a description of the college by President Finley, published
in 1764; and as Dr. Caldwell was graduated in 1761, prob-
ably the courses were then substantially the same as while
he was a student. After taking his degree in 1761 he taught
for a year at Cape May. He then returned to Princeton,
where he took a graduate course and at the same time served
as tutor in languages ; so it is certain that he had the system
of instruction as it was under Dr. Finley^s administration.
In his account of the courses and methods President Finley
says : "As to the branches of literature taught here, they are
the same with those which are made parts of education in the
European colleges, save only such as may be occasioned by the
infancy of this institution. The students are divided into four
distinct classes, which are called the Freshman, the Sopho-
more, the Junior, and the Senior. In each of these they con-
tinue one year, giving and receiving in their terms those
tokens of respect and subjection which belong to their stand-
ings, in order to preserve a due subordination. The Fresh-
man year is spent in Latin and Greek languages, particu-
larly in reading Horace, Cicero's Orations, the Greek Testa-
ment, Lucian's Dialogues, and Xenophon's Cyropedia. In
the Sophomore year they still prosecute the study of the lan-
guages, particularly Homer, Longinus, etc., and enter upon
the sciences, geography, rhetoric, logic and the mathematics.
They continue their mathematical studies throughout the
Junior year, and also pass through a course of natural and
moral philosophy, metaphysics, chronology, etc.; and the
greater number, especially such as are educating for the serv-
Kllanitben's Caldwell, p. 20.
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254 THE NOKTK OABOLINA BOOKLET.
ice of the church, are initiated into the Hebrew. * * *
The Senior year is entirely employed in reviews and compo-
sition. They now review the most improving parts of Latin
and Greek classics, part of the Hebrew Bible, and all the
arts and sciences. The weekly course of disputation is con-
tinued, which was also carried on through the preceding year.
They discuss two or three theses in a week, some in the syl-
logistic and others in the forensic manner, alternately, the
forensic being always performed in the English tongue." Be-
sides the above there were public disputations on Sundays on
theological questions, and once each month the Seniors de-
livered original orations before a public audience. Mem-
bers of the Senior and lower classes were also required from
time to time to declaim.* Such was the course of instruction
taken by Dr. Caldwell, and such in general was the educa-
tional system which prevailed in the first institution for
higher education established in North Carolina.
At a meeting of the Presbytery held at Princeton in Sep-
tember, 1762, David Caldwell was received as a candidate
for the ministry. He was licensed to preach in 1763. In
1764 he labored as a missionary in North Carolina, returning
to New Jersey in 1765, being ordained to the full work of
the ministry at the Presbytery held at Trenton in July of
that year. He immediately returned to North Carolina,
where he labored as a missionary, until on March 3, 1768,
he was installed as a pastor of the Buffalo and the Alamance
congregations.
At that time there were but few Presbyterian ministers
in North Carolina, and Dr. Caldwell was one of the very
first to make this State his permanent home. His history
is more identified with the moral and educational history of
North Carolina than is that of any other one man of the
eighteenth century. In 1766 he married the daughter of the
^aolean's Hiatory of the College of New Jersey, vol. 1 , p. 260.
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DAVID CALDWELL. 255
Eeverend Alexander Craighead, and as the salary from his
churches was not sufficient for the support of a family, it
became necessary for him to supplement it by teaching school.
At this time schools for primary education existed in various
parts of the colony, but to him is due the honor of having
established the first institution for the higher education that
achieved more than local fame. The average attendance of
students was from fifty to sixty, which was a large number
for the time and circumstances of the country. The exer-
cises of the school were not interrupted by the war till 1781,
at that time nearly all his students having taken service in
the American army. The school was reopened as soon as cir-
cumstances permitted, "though the number of students was
small until peace, and with it incipient prosperity were re-
stored to the country." For many years "his log cabin served
North Carolina as an academy, a college, and a theological
seminary." Such was his reputation as an instructor and dis-
ciplinarian, that in his school were students from all the
States south of the Potomac. It is claimed that he was in-
strumental in bringing more men into the learned profes-
sions than any other man of his day, certainly in the South-
ern States. While many of his students continued their
studies in Princeton and in the University of North Caro-
lina, after the establishment of that institution, the larger
number, and several of those who became the most distin-
guished in after-life, never went anywhere else for instruc-
tion, nor enjoyed other advantages for higher education than
those afforded at his school. We are told that "Five of his
scholars became governors of different States; many more
became members of Congress; and a much greater nimiber
became lawyers, judges, physicians, and ministers of the
gospel." Dr. Caldwell continued his labors as a teacher till
about 1822, when he was forced by the infirmities of age to
retire from active work.
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256 THE NOBTH CAROLINA BOOKLET.
Judge Archibald D. Murphey, in an address before the
literary societies of the University of North Carolina in
1827, referring to educational conditions before the opening
of that institution in 1795, has this to say about the Caldwell
School: "The most prominent and useful of these schools'
was kept by Dr. David Caldwell, of Guilford County. He
instituted it shortly after the close of the war, and continued
it for more than thirty years. The usefulness of Dr. Cald-
well to the literature of North Carolina will never be suffi-
ciently appreciated, but the opportunities for instruction in
his school were very limited. There was no library attached
to it; his students were supplied with a few of the Greek
and Latin classics, Euclid's Elements of Mathematics, and
Martin's Natural Philosophy. Moral philosophy was taught
from a syllabus of lectures delivered by Dr. Witherspoon, in
Princeton College. The students had no books on history
or miscellaneous literature. There were indeed very few in
the State, except in the libraries of lawyers who lived in the
commercial towns. I well remember that after completing
my course of studies under Dr. Caldwell I spent nearly two
years without finding any books to read, except some old
works on theological subjects. At length I accidentally met
with Voltaire's History of Charles XII, of Sweden, an odd
volume of Smollett's Roderick Random, and an abridgment
of Don Quixote. These books gave me a taste for reading,
which I had no opportunity of gratifying until I became a
student in this University in the year 1796. Few of Dr.
Caldwell's students had better opportunities of getting books
than myself ; and with these slender opportunities of instruc-
tion it is not surprising that so few became eminent in the
liberal professions. At this day (1827), when libraries are
established in all our towns, when every professional man
*For f ketches of the BchoolSt inoluding Dr. Caldwell's, referred to by Judge Murphey^
see the writer's mstory of Education in North Carolina (Washington, 1888).
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DAVID CALDWELL. 257
and every respectable gentleman has a collection of books, it
is difficult to conceive the inconveniences under which young
men labored thirty or forty years ago."
The Eeverend Dr. Caruthers says : "But the most impor-
tant service he (Dr. Caldwell) rendered as a teacher was to
the church or to the cause of religion, for nearly all the young
men who came into the ministry of the Presbyterian Church
for many years, not only in North Carolina but in the States
south and west of it, were trained in his school, many of
whom are still living (1842) ; and while some are super-
annuated, others are still useful men, either as preachers or
as teachers in different institutions of learning." •
It is said that his mode of discipline was peculiar to him-
self, and while it did not admit of imitation, yet it was so
successful that it could not be surpassed. His students were
bound to him with bonds of affection, and an approving word
from their "Dominie" was eagerly sought for. If the course
of instruction at his school was not very extended it was
thorough, as is testified by those who were prepared by him
for future usefulness. Governor John M. Morehead, one of
North Carolina's most distinguished sons, who studied under
Dr. Caldwell and was prepared by him for the Junior class
half advanced in the University of North Carolina, gave him
the highest praise as a teacher, though at the time he was
under his instruction Dr. Caldwell was between eighty-five
and ninety years old.
Dr. Caldwell was a member of the State Convention of
1776, which drew up the "Bill of Rights" and framed the
Constitution. He was also a member of the convention to
consider the Constitution of the United States in 1788, where
he took a decided stand as an advocate of States' rights ; but.
in the party conflicts preceding the second war with Great
Britain he was on the side of the Federalists. Such was the
•Carathen*! Caldwell, p. M.
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258 THE NOBTH OABOLINA BOOKLBT.
esteem in which he was held by his State, and such his repu-
tation for scholarship, that on the establishment of the Uni-
versity of North Carolina the presidency was tendered him.
On account of his years the honor was declined. In 1810
that institution conferred on him the honorary degree of
Doctor of Divinity. He died August 25, 1824, and the next
day was buried in the graveyard of Buffalo Presbyterian
Church, Guilford County.
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SAMUEL JOHNSTON. 259
GOVERNOR SAMUEL JOHNSTON OF NORTH
CAROLINA*
Bt R. D. W. CONNOR.
Seoretary of the North Carolixuk Hlstoiloal Commiasion.
On the east coast of Scotland, twelve miles from the con-
fluence of the Firth of Tay with the German Ocean, lies the
ancient town of Dundee, in population third, in conmiercial
importance second among the cities of Scotland. The gen-
eral appearance of Dundee, we are told, is picturesque and
pleasing, and its surrounding scenery beautiful and inspiring.
Thrift, intelligence; and independence are characteristics of
its inhabitants. It is noted for its varied industrial enter-
prises, and from time immemorial has been famous among the
cities of Britain for its extensive linen manufactures. A long
line of men eminent in war, in statecraft, in law, and in let-
ters adorns its annals. Its history carries us back to the time
of the Crusades. In the twelfth century it received a charter
from the hand of William the Lion. Within its walls Wil-
liam Wallace was educated, and there he struck his first blow
against the domination of England. In the great Keforma-
tion of the sixteenth century its inhabitants took such an
active and leading part as to earn for their town the appella-
tion of "the Scottish Geneva." During the civil wars of the
following century they twice gave over their property to pil-
lage and themselves to massacre rather than submit to the
tyranny of the House of Stuart. But in every crisis the in-
domitable spirit of Dundee rose superior to disaster and her
people adhered to their convictions with a loyalty that never
faltered and a faith that never failed.*
>An addren delivered before the Grand Lodge of Masons, in the Masonic Temple,
Raleigh, January 10, 1012, upon the presentation to the State dv the Grand Lodge of a
marble bust of Governor Samuel Johnston, first Grand Master of Masons of North Carolina.
sEnoycIop«dia Britannica, 9th ed., VII, 534-46.
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260 THE NOBTH OAEOLINA BOOKLET.
In this fine old city, among its true and loyal people, the
ancestors of Samuel Johnston lived, and here, in 1733, h©
himself was bom.* The spirit of Dundee, its loyalty to prin-
ciple, its unconquerable courage, and its inflexible adherence
to duty, entered into his soul at his very birth, and developed
and strengthened as he grew in years and in powers of body
and mind. Throughout his life he displayed in public and
in private affairs many of those qualities of mind and char-
acter which have given the Scotch, though small in number,
such a large place in the world^s history. Says Mr. Henry
Cabot Lodge, "six centuries of bitter struggle for life and in-
dependence, waged continuously against nature and man, not
only made the Scotch formidable in battle, renowned in every
camp in Europe, but developed qualities of mind and charac-
ter which became inseparable from the race. * * *
Under the stress of all these centuries of trial they learned
to be patient and persistent, with a fixity of purpose which
never weakened, a tenacity which never slackened, and a de-
termination which never wavered. The Scotch intellect,
passing through the same severe ordeals, as it was quickened,
tempered, and sharpened, so it acquired a certain relentless-
ness in reasoning which it never lost. It emerged at last com-
plete, vigorous, acute, and penetrating. With all these strong
qualities of mind and character was joined an intensity of
conviction which burned beneath the cool and calculating
manner of which the stern and unmoved exterior gave no
sign, like the fire of a furnace, rarely flaming, but giving
forth a fierce and lasting heat.^' * Had the author of these
fine lines had the character of Samuel Johnston in his mind's
'MoRee aajrs December 15, 1733.— life and Correspondence of Jamee Iredell, 1, 37. John-
eton himself writing to his sister, Mrs. Iredell, January 24, 17M, sa^: "Yesterdav
finished my sixty-first birthday.*'— Ms. letter in C. E. Johnson Mss. Collections of the North
Carolina Historical Commission. But Samuel Johnston, Sr., writing to Samuel Johnston,
Jr., in a letter dated * ' Newbem, 17th, 1754," month omitted, savs: ' 'Iffve you joy of your
being of age last Sunday."— Copy of letter in Colleotions of the N. C. Hist. Com. Original
in tM library at ' * Hayes."
^Address in the United States Senate, March 12, 1010, at the presentation to the United
States by the State of South Carolina of a statue of John C. Calhoun.
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SAMUEL JOHNSTON. 261
eye, as he did have that of another eminent Scotch-descended
Carolinian, his description could not have been more accu-
rate.
In the great crises of our history in which he figured so
largely, immediately preceding and immediately following
the American Kevolution, Samuel Johnston, with keen pene-
trating vision, saw more clearly than any of his colleagues
the true nature of the problem confronting them. This prob-
lem was, on the one hand, to preserve in America the funda-
mental principles of English liberty against the encroach-
ments of the British Parliament, and on the other, to secure
the guarantees of law and order against the well-meant but
ill-considered schemes of honest but ignorant reformers. For
a full quarter of a century he pursued both of these ends, pa-
tiently and persistently, "with a fixity of purpose which never
weakened, a tenacity which never slackened, and a determina-
tion which never wavered." Neither the wrath of a royal
governor, threatening withdrawal of royal favor and depriva-
tion of oflSce, nor the fierce and unjust denunciations of party
leaders, menacing him with loss of popular support and de-
feat at the polls, could swerve him one inch from the path of
the public good as he understood it. Beneath his cool and
calculating manner burned "an intensity of conviction" which
gave him in the fullest degree that rarest of all virtues in men
who serve the public — I mean courage, courage to fight the
battles of the people, if need be, against the people themselves.
Of course Johnston never questioned the right of the people
to decide public affairs as they chose, but he frequently
doubted the wisdom of their decisions; and when such a
doubt arose in his mind he spoke his 8.entiments without fear
or favor and no appeal or threat could move him. He was
ready on all such occasions to maintain his positions with a
"relentlessness in reasoning" that carried conviction and out
of defeat invariably wrung ultimate victory. More than
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262 THE NOETH OABOLINA BOOKLET.
once in his public career the people, when confronted by his
immovable will, in fits of party passion discarded his leader-
ship for that of more compliant leaders; but only in their
calmer moments to turn to him again to point the way out
of the mazes into which their folly had entangled them.
A Scotchman by birth, Samuel Johnston was fortunate in
his ancestral inheritance; an American by adoption, he was
equally fortunate in his rearing and education. In early in-
fancy" his lot was cast in North Carolina, the most demo-
cratic of the American colonies, and whatever tendency this
fact may have given him toward democratic ideals was later
strengthened by a New England education and by his legal
studies.* At the age of twenty-one he became a resident of
Edenton, then a small village of four or five hundred inhabi-
tants, but the industrial, political, and social center for a
large and fertile section of the province. Its leading inhabi-
tants were men and women of wealth, education, and culture.
-Their social intercourse was easy, simple, and cordial. Cards,
billiards, backgammon, dancing, tea drinking, hunting, fish-
ing, and other outdoor sports, were their chief amusements.
They read with appreciative insight the best literature of the
day, made themselves familiar with the philosophy of
^n his third year. His parents, Samuel and Helen (Scrsrmoure) Johnston came to
North Carolina some time prior to May 25. 1735. — Colonial Records of North Carolina-
IV, 9. They probably accompanied Samuel's brother, Gabriel, who become governor of
the colony. November 2, 1734. MoRee incorrectly gives the name of Govemw Samuel
Johnston's father as John. — Iredell, 1, 36. Letters of his at " Hayes" show that his name
was Samuel. See also Grimes: Abstracts of North Carolina Wills, 187, 188; and Col. Rec.
IV, 1080, 1110. He resided in Onslow counj^, but owned large tracts of land not only in
Onslow, but also in Craven, Bladen, New Hanover, and Chowan.— Col. Rec., IV, 72, 219,
222, 329, 594, 601, 628, 660, 800, 806, 1249. He was a Justice of the peace in New Hanover,
^Bladen. Craven, and Onslow.-<:ol. Rec.. IV, 218, 275, 346, 347, 814, 1239. He served also aa
* collector of the customs at the port of Brunswick.— Col. Rec, IV, 396, 725, 998, 1287; and aa
road commisRioner for Onslow county. State Records, XXIII, 221. His wiU, dated No-
vember 13, 175'1, was probated in January, 1757.— Abstracts, 188. His wife having died of
child-birth in 1751 Qei ter to his son), his family at the time of his deal h consisted of two som,
Samuel and John, and five daughters, Jane, Penelope, Isabelle, Ann, and Hannah. To
his sons he devised 6,500 acres cf land, and to his daughters land ana slaves. — ^Abstracts,
188.
*Qovemor Josiah Martin, writing of Johnston, to Lord George Germain, May 17, 1777,
says: "This Gentleman, my Lord, was educated in New England, where * * * it
may be suoposed he received that bent to Democracy which he has manifested upon all
occasions."— Col. Rec., X, 401. Letters from his father, addressed to him while he waa at
school in New Haven, Conn., bear dates from 1750 to 1753. I have not been able to ascer-
tain what school he attended. In 1754 he went to Edenton to study law under Thomaa
Barker.
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SAMUEL JOHNSTON. 263
the Spectator and the Tatler, and followed with sympa-
thetic interest the fortunes of Sir Charles Grandison and
Clarissa Harlowe. They kept in close touch with political
events in England, studied critically the Parliamentary de-
bates, and among themselves discussed great constitutional
questions with an ability that would have done honor to tho
most learned lawyers of the Inner Temple.^ Within the
town and its immediate vicinity dwelt John Harvey, Joseph
Hewes, Edward Buncombe, Stephen Cabarrus, and, after
1768, James Iredell. Preceding Iredell by a little more than
a decade came Samuel Johnston, possessed of an ample for-
tune, a vigorous and penetrating intellect, and a sound and
varied learning, which soon won for him a place of preemi-
nence in the province. "He bore,'' says McKee, "the greatest
weight of care and labor as the mountain its crown of granite.
His powerful frame was a fit engine for the vigorous intellect
that gave it animation. Strength was his characteristic In
his relations to the public, an inflexible sense of duty and
justice dominated. There was a remarkable degree of self-
reliance and majesty about the man. His erect carriage and
his intolerance of indolence, meanness, vice, and wrong, gave
to him an air of sternness. He commanded the respect and
admiration, but not the love of the people." * At Edenton,
surrounded by a group of loyal friends, Johnston entered
upon the practice of his profession and in 1759 began a pub-
lic career which, for length of service, extremes of political
fortune, and lasting contributions to the welfare of the State,
still stands unsurpassed in our history.*
^See the picture of Edenton society drawn by James Iredell in his diary, printed inMo-
Ree's Iredell.
•Iredell, I, 37-38.
•He was twelve times elected to the General Assembly, serving from 1759 to 1775, inclusive.
On April 25. 17fi8. he was appointed Clerk of the Court for the Edenton District. In 1770
he was appointed Deputy Naval Officer of the province, but was removed by Gov. Martin,
Nov. 16. 1775, on account of his activity in the revolutionary movement. Dec. 8, 1773, he
was selected as one of the Committee of Continental Correspondence appointed by the Gen-
eral Assembly. He served in the first four Provincial Conprcsaes, which met Aug. 25, 1774,
April 3, 1775, Aug. 20, 1775, and April 4, 1776. Of the third and fourth he was elected Presi-
dent. The Congress, Sept. 8, 1775, elected him Treasurer for the Northern District. Sept.
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264 THE NORTH CAROLINA BOOKLET.
Johnston's public career covered a period of forty-four
years and embraced every branch of the public service. As
legislator, as delegate to four provincial congresses, as presi-
dent of two constitutional conventions, as member ot the
Continental Congress, as judge, as governor, as United States
Senator, he rendered services to the State and Xation which
rank him second to none among the statesmen of North Caro-
lina. Time does not permit me today to dwell on all these
points of his career, and I must content myself with inviting
your attention to his services in just three of the great crises
of our history : First, in organizing the Revolution in North
Carolina; second, in framing the first state constitution;
third, in the ratification by North Carolina of the Constitu-
tion of the United States.
You are of course familiar with the principal events which
led up to the outbreak of the Eevolution. Johnston watched
the course of these events with the keenest interest and the
most profound insight. By inheritance, by training, and by
conviction he was a conservative in politics. He clung tena-
ciously to the things that were and viewed with apprehen-
sion, if not with distrust, any tendency of those in power to
depart from the beaten path marked out by time and experi-
ence. It was not to be expected, therefore, that he, holding
the principles of the British Constitution in great reverence,
would look with favor upon departures from those principles
so radical as those proposed by the British Ministry. It has
frequently been pointed out that in the American Revolution
fl, 1775, he wae selected as the member-at-large of the Pronncial Council, the executive body
of the revolutionary Rovernment. The Provincial Council, Oct. 20, 1775, elected him Pay-
master of Troops for the Edenton District. Dec. 21, 1776, he was appcwnted by the Provin-
cial Con Kress a commissioner to codify the laws of the State. In 1779, 1783, 1784 he repre-
sented Chowan county in the State Senate. The General Assembly, July 12, 1781, elected
him a delcRate to the Continental CongreM. In 1785 the States of New York and Massa-
chusetts selected him as one of the commissioners to settle a boundary line dispute between
them. He was three times elected Governor of North Carolina, Dec. 12, 1787, Nov. 11, 1788.
and Nov. 14, 1789. He resigned the governorship in Dec., 1789 to accept election to the
United States Senate, being the first Senator from North Carolina. In 1788 and 1789 he was
President of the two Constitutional Conventions, at Hillsboro and Fa>'etteville, called to
consider the ratification of the Federal Constitution. Dec. 11. 1789 he was elected a trustee
of the University of North Carolina. From 1800 to 1803 be served as Superior Court Judge.
He died in 1816.
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SAMUEL JOHNSTON. 265
England and not America represented the radical position.
The Americans held to the British Constitution as they had
received it from their fathers, they protested against the inno-
vations of the Ministry, and they went to war to conserve the
principles of English liberty as they had been handed down
from time immemorial. They were the true conservatives.
This, too, was the point of view of such British statesmen as
Fox, and Pitt, and Burke, and Rockingham. In this contest,
accordingly, there could be but one place for Samuel John-
ston, — ^inheritance, education, conviction, all carried him at
once into the camp of the Whig party.
From the passage of the Stamp Act in 1765 Johnston
maintained a firm and decided stand against every step taken
by the British Ministry to subject the colonies in their local
affairs to the jurisdiction of Parliament. A special signifi-
cance attaches to his services. His birth in Scotland, his
residence in North Carolina, his education in Connecticut,
his intimate correspondence with friends in England, all
served to lift him above any narrow, contracted, provincial
view of the contest and fitted him to be what he certainly
was, the leader in North Carolina in the great continental
movement which finally resulted in the American Union.
Union was the great bugbear of the King and Ministry, and
for some years before the actual outbreak of the Eevolution
an important object of their policy was to prevent the imion
of the colonies. They sought, therefore, as far as possible, to
avoid all measures which, by giving them a conmion griev-
ance, would also afford a basis upon which they could unite.
In order to accomplish this purpose more effectively acts of
Parliament to a large extent gave way in the government of
the colonies to instructions from the King issued to the royal
governors. These instructions the governors were required
to consider as of higher authority than acts of the assemblies
and as binding on both the governors and the assemblies. A
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266 THE NORTH OAKOLINA BOOKLET.
set was not framed to apply to all the colonies alike, but
special instructions were sent to each colony as local circum-
stances dictated. Since these local circumstances differed so
widely in the several colonies, the King and his ministers
thought the patriots would not be able to find in these instruc-
tions any common grievance to serve as a basis for union.
In North Carolina the battle was fought out on three very
important local measures which involved the financial policy
of the province, the running of its southern boundary line,
and the jurisdiction of the colonial courts. On all three the
King issued positive instructions directing the course which
the Assembly should pursue. Thus a momentous issue was
presented for the consideration of its members : Should, they
permit the Assembly to degenerate into a mere machine whose
highest function was to register the will of the Sovereign;
or should they maintain it as the Constitution and their char-
ters intended it to be, a free, deliberative, law-making body,
responsible for its acts only to the people ? Upon their answer
to this question it is not too much to say hung the fate of the
remotest posterity in this State. I record it as one of the
proudest events in our history, beside which the glories of
Moore's Creek, Kings Mountain, Guilford Court House, and
even of Gettysburg itself pale into insignificance, that the
Assembly of North Carolina had the insight to perceive their
problem clearly, the courage to meet it boldly, and the states-
manship to solve it wisely.
"Appointed by the people [they declared] to watch over their
rights and privileges, and to guard them from every encroachment
of a private and public nature, it becomes our duty and will be our
constant endeavor to preserve them secure and inviolate to the
present age, and to transmit them unimpaired to posterity. • • •
The rules of right and wrong, the limits of the prerogative of the
Crown and of the privileges of the people are, in the present re-
fined age, well known and ascertained; to exceed either of them
is highly unjustifiable." lo
i^or a more extended account of this great ooniett, aee my Corneliua Harnett: AnEa-
say in North Carolina History. 68-78.
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SAMUEL JOHNSTON. 267
Hurling this declaration into the face of the royal governor
the Assembly peremptorily refused obedience to the royal in-
structions. In this momentous affair Samuel Johnston stood
fully abreast of the foremost in maintaining the dignity of
the Assembly, the independence of the judiciary, and the
right of the people to self-government. With unclouded
vision he saw straight through the policy of the King and
stood forth a more earnest advocate of union than ever. He
urged the appointment of the committees of correspondence
throughout the continent, served on the North Carolina com-
mittee, and favored the calling of a Continental Congress.
When John Harvey, in the spring of 1774, suggested a pro-
vincial congress, Johnston gave the plan his powerful sup-
port," and when the Congress met at New Bern, August 25,
1774, he was there as one of the members from Chowan.
Upon the completion of its business this Congress authorized
Johnston, in the event of Harvey's death, to summon another
congress whenever he should deem it necessary. No more fit
successor to Harvey could have been found. Johnston's un-
impeachable personal character commanded the respect of the
Loyalists,** his known conservatism was a guarantee that the
revolutionary program under his leadership would be con-
ducted with proper regard for the rights of all and in an
orderly manner, and his thorough sympathy with the spirit
and purposes of the movement assured the loyal support of
the entire Whig party. How thoroughly he sympathized with
the whole program is set forth in the following letter written
to an English friend who once resided in North Carolina :
"You will not wonder [he writes] at my being more warmly af-
fected with affairs of America than you seem to be. I came over so
early and am now so riveted to it by my connections that I can not
»»Col. Rec., X. W8.
uArohibala Neilson, a prominent Loyalist whom Gov. Martin app<nnted Johnston's
suocesflor as Deputy Naval Officer, wrote to James Iredell, July 8, 1775: *^For Mr. Johnston,
I have the truest esteem and regard. In these times, in spite of my opinion of his judgment,
in spite of myself— -I tremble for him. He is in an arduous situation: the eyes oi all— mote
especially of the friends of order— are anxiously fixed on him."— McRee's Iredell, I, 260.
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268 THE NORTH OABOLINA BOOKLET.
help feeling for it as if it were my natale solum. The ministry from
the time of passing the Declaratory Act, on the repeal of the Stamp
Act, seemed to have used every opportunity of teasing and fretting
the people here as if on purpose to draw them into rebellion or some
violent opposition to Government. At a time when the inhabitants
of Boston were every man quietly employed about their own private
affairs, the wise members of your House of Commons on the au-
thority of ministerial scribbles declare they are in a state of open
rebellion. On the strength of this they pass a set of laws which
from their severity and injustice can not be carried into execution
but by a military force, which they have very wisely provided, being
conscious that no people who had once tasted the sweets of freedom
would ever submit to them except in the last extremity. They have
now brought things to a crisis and Qod only knows where it will
end. It is useless, in disputes between different countries, to talk
about the right which one has to give laws to the other, as that
generally attends the power, though where that power is wantonly or
cruelly exercised, there are instances where the weaker State has
resisted with success; for when once the sword is drawn all nice
distinctions fall to the ground; the difference between internal and
external taxation will be little attended to, and it will hereafter be
considered of no consequence whether the act be to regulate trade
or raise a fund to support a majority in the House of Commons. By
this desperate push the ministry will either confirm their power of
making laws to bind the colonies in all cases whatsoever, or give up
the right of making laws to bind them in any case." is
This is a very remarkable letter. Consider first of all its
date. It was written at Edenton, September 23, 1774. At
that time the boldest radicals in America, even such men as
Samuel Adams, of Massachusetts; Patrick Henry, of Vir-
ginia ; Cornelius Harnett, of North Carolina, scarcely dared
breathe the word independence. But here is Samuel John-
ston, most conservative of revolutionists, boldly declaring that
the contest between England and her colonies was a dispute
"between different countries,'' and threatening an appeal to
arms to decide whether the British Parliament should make
laws "to bind the colonies in all cases whatsoever," or be
compelled to surrender "the right of making laws to bind
uTo Alezander Elmsley, of London.— Col. R«o., IX, 1071.
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SAMUEL JOHNSTON. 269
them in any case." The man who ventured this bold declara-
tion was no unknown individual, safe from ministerial wrath
by reason of his obscurity, but was the foremost statesman
of an important colony, and his name was not unfamiliar to
those who gathered in the council chamber of the King.
The death of John Harvey in May, 1775, left Samuel
Johnston the undisputed leader of the revolutionary party in
North Carolina. In July he issued a call for a congress to
meet in Hillsboro, August 20, and of this Congress he was
unanimously chosen president. Until now Josiah Martin,
the royal governor, had cherished the hope that Johnston
would not go to the extreme of rebellion but that he would
ultimately break with the Whig party and throw the great
weight of his influence on the side of the royal government.
Consequently early in the struggle, in very flattering terms,
Martin had offered to recommend Johnston to the King for
appointment to the next vacancy in the Council ; and had re-
frained from removing him from his position as the deputy
naval oflScer of the colony, "notwithstanding," he wrote, "I
had found him uniformly in opposition to every measure of
Government during my administration." ** But now any
further forbearance toward Johnston would be disloyalty to
the King, and accordingly on October 7, 1775, the Governor
addressed a letter to him notifying him of his removal. "The
respect I have entertained for your private character," he
said, had restrained him from taking this step heretofore;
but now duty to his Royal Master would not permit his taking
upon himself "the guilt of conniving at the undutiful be-
havior of one of the King's servants" in appearing "in the
conspicuous character of Moderator of a popular Assembly
unknown to the laws and constitution of this province.
K3ov. Martin to Johiutozij Oct. 4, 1772: "In case of a vacancy at the Council Board
I wish to know whether you wiU permit me to name you to the lung; if it be agreeable to
you, I shall be much flattered by an opportunity of makinff so honorable ui acquisition to
the Council of this Province."— Col. ttee., IX, 342. See also Martin to haftd Dartmouth,
Col. Rec. IX. 1063; and to Lord Germain. X, 401.
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270 THE NOBTH OAEOLINA BOOKLET.
* * * And [he continued] I have seen with greater sur-
prise, if possible, your acceptance of the appointment of
treasurer of the northern district of this colony, unconstitu-
tionally and contrary to all law and usage conferred upon
you by this body of your own creation." ^" To this communi-
cation Johnston replied in a letter of biting sarcasm but a
model of courtesy and good taste. "It gives me pleasure,"
he said, referring to the Governor's reasons for his removal,
"that I do not find neglect of duties of my office in the cata-
logue of my crimes," and then continued :
"At the same time that I hold myself obliged to your Excellency
for the polite manner in which you are pleased to express yourself
of my private character, you will pardon me for saying that I think
I have reason to complain of the invidious point of view in which
you are pleased to place my public transactions when you consider
the late meeting of the delegates or deputies of the inhabitants of
this province at Hillsborough, a body of my oton creation. Your
Eixcellency cannot be ignorant that I was a mere instrument in this
business under the direction of the people; a people among whom I
have long resided, and who have on all occasions placed the great-
est confidence in me, to whose favorable opinion I owe everything I
possess and to whom I am bound by gratitude (that most powerful
and inviolable tie on every honest mind) to render every service
they can demand of me, in defense of what they esteem their Just
rights, at the risk of my life and property.
You will further, Sir, be pleased to understand, that I never con-
sidered myself In the honorable light In which you place me, one
of the king* 8 servants; being entirely unknown to those who have
the disposal of the king's favors, I never enjoyed nor had I a right
to expect, any office under his Majesty. The office which I have for
some years past executed under the deputation of Mr. Turner was
an honest purchase for which I have punctually paid an annual sum,
which I shall continue to pay till the expiration of the term for
which I should have held it agreeably to our contract.
Permit me, Sir, to add that had all the king's servants in this
province been as well Informed of the disposition of the Inhabitants
as they might have been and taken the same pains to promote and
preserve peace, good order, and obedience to the laws among them,
that I flatter myself I have done, the source of your Excellency's
uCol. Reo.. X. 262.
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SAMUEL JOHNSTON. 271
unnecessary lamentations had not at this day existed, or had it
existed it would have been in so small a degree that ere this it
would have been nearly exhausted; but, Sir, a recapitulation of
errors which it is now too late to correct would be painful to me
and might appear impertinent to your Excellency. I shall decline
the ungrateful task, and beg leave, with all due respect, to subscribe
myself. Sir, your Excellency's most obedient, humble servant." i«
At the beginning of the Revolution Johnston, in common
with the other Whig leaders throughout the continent, dis-
claimed any purpose of declaring independence. But once
caught in the full sweep of the revolutionary movement they
were carried along from one position to another until, by the
opening of the year 1776, they had reached a situation which
admitted of no other alternative. As North Carolina was the
first colony to take the lead in demanding independence, so
Samuel Johnston was among the first advocates of it in North
Carolina. Writing March 3, 1776, he expressed the opinion
that the future might "offer a more favorable opportunity for
throwing off our connection with Great Britain,^' but imme-
diately added :
"It is, however, highly improbable from anything that I have yet
been able to learn of the disposition of the people at home, from the
public papers, for I have not lately received any letters, that the
colonies will be under the necessity of throwing off their allegiance
to the king and Parliament of Great Britain this summer. If France
and Spain are hearty and sincere in our cause, or sufficiently ap-
prised of the importance of the connection with us to risk war with
Great Britain, we shall undoubtedly succeed; if they are irresolute
and play a doubtful game I shall not think our success so certain/'
March 20, Joseph Hewes writing from Philadelphia,
where he was in attendance on the Continental Congress,
asked Johnston for his views on the subject of independence.
In reply Johnston said :
"I am inclined to think with you that there is little prospect of
an accommodation. You wish to know my sentiments on the sub-
jects of treating with foreign powers and the independence of the
i(Col. Reo., X, 832.
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272 THE NORTH OAEOLINA BOOKLET.
colonies. I have apprehensions that no foreign power will treat
with us till we disclaim our dependence on Great Britain and I
would wish to have assurances that they would afford us effectual
service before we take that step. I have, I assure you, no other
scruples on this head; the repeated insults and injuries we have
received from the people of my native island has (sic) done away
all my partiality for a connection with them and I have no appre-
hensions of our being able to establish and support an independence
if France and Spain would join us cordially and risk a war with
Great Britain in exchange for our trade." it
When the fourth Provincial Congress, at Johnston's sum-
mons, met at Halifax, April 4, 1776, the entire patriot party
was fully abreast of his position on the subject of independ-
ence. "All our people here," he wrote, April 5, "are up for
independence"; and a few days later he added: "We are
going to the devil * * * without knowing how to help
ourselves, and though many are sensible of this, yet they
would rather go that way than to submit to the British Min-
istry. * * * Our people are full of the idea of inde-
pendence." In compliance with this popular sentiment, the
Congress, April 12, adopted its famous resolution empower-
ing the North Carolina delegates in the Continental Congress
"to concur with the delegates of the other colonies in declar-
ing independency and forming foreign alliances." "
Samuel Johnston had now reached the climax of his in-
fluence and popularity, for by his election to the presidency
of the Provincial Congress he had attained the highest posi-
tion in public life to which a citizen of North Carolina in
1776 could aspire. The next few years were for him a period
of eclipse. Deceived by the specious insinuations of his po-
litical opponents his constituents were led to discard his
leadership and to accept that of men of fairer promises but
of smaller achievements.
Immediately after declaring for independence the Con-
iHtffl. letter in the library at "Hayes."
uFcM* a full diBouasioxi of the movement toward independence, eee my Cornelius Harnett,
Chap. X.
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SAMUEL JOHNSTON. 27S
gress at Halifax appointed a committee "to prepare a tempo-
rary civil constitution." Among its members were Johnston,
Harnett, Abner Nash, Thomas Burke, Thomas Person, and
William Hooper. They were (as I have said in another
place)^" men of political sagacity and ability, but their ideas
of the kind of constitution that ought to be adopted were woe-
fully inharmonious. Heretofore in the measures of resist-
ance to the British Ministry remarkable unanimity had pre-
vailed in the councils of the Whigs. But when they under-
took to frame a constitution faction at once raised its head.
Historians have designated these factions as "Conservatives'^
and "Radicals," terms which carry their own meaning and
need no further explanation. However it may not be out of
place to observe here that while both were equally devoted to
constitutional liberty, the Radicals seem to have placed the
greater emphasis on the noun, liberty, the Conservatives on its
modifier, constitutional. The leader of the former was un-
doubtedly Willie Jones, while no one could have been found
to question the supremacy of Samuel Johnston among the
latter. Congress soon found that no agreement between the
two could be reached while continued debate on the constitu-
tion would only consume time which ought to be given to
more pressing matters. Consequently the committee was dis-
charged and the adoption of a constitution was postponed till
the next meeting of Congress in November. Thus the contest
was removed from Congress to the people and became the
leading issue of the election in October.
Willie Jones and his faction determined that Samuel John-
ston should not have a seat in the November Congress, and
at once began against him a campaign famous in our history
for its violence. Democracy exulting in a freedom too newly
acquired for it to have learned the virtue of self-restraint,
struck blindly to right and left and laid low some of the
^•Coraelius Harnett, 162.
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274 THE NOETH OABOLINA BOOKLET.
sturdiest champions of constitutional liberty in the province.
The contest raged fiercest in Chowan. "No means," says
McRee, "were spared to poison the minds of the people; to
inflame their prejudices; excite alarm; and sow in them, by
indefinite charges and whispers, the seeds of distrust. * * *
It were bootless now to inquire what base arts prevailed, or
what calumnies were propagated. Mr. Johnston was defeated.
The triumph was celebrated with riot and debauchery; and
the orgies were concluded by burning Mr. Johnston in
effigy.""
From that day to this much nonsense has been written and
spoken about Johnston's hostility to democracy and his hank-
ering after the fleshpots of monarchy, and the admirers of
Willie Jones from then till now have expected us to believe
that the man who for ten years had been willing to sacrifice
his fortune, his ease, his peace of mind, his friends and fam-
ily, and life itself, to overthrow the rule of monarchy was
ready, immediately upon the achievement of that end, to con-
spire with his fellow-workers against that liberty which they
had suffered so much to preserve. That Johnston did not
believe in the "infallibility of the popular voice"; that he
thought it right in a democracy for minorities to have suffi-
cient safeguards against the tyranny of majorities; that he
considered intelligence and experience more likely to conduct
a government successfully than ignorance and inexperience,
is all true enough. But that he also ascribed fully to the
sentiment that all governments "derive their just powers
from the consent of the governed" ; that he believed frequency
of elections to be the surest safeguard of liberty; that he
thought representatives should be held directly responsible to
their constituents and to nobody else, we have not only his
whole public career but his most solemn declarations to prove.
He advocated, it is true, a government of energy and power,
MliedeU. I. 334.
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SAMUEL JOHNSTON. 275
but a government deriving its energy and power wholly from
the people. This is the very essence of true, genuine democ-
racy.
Although not a member of the Congress which framed our
first State Constitution, Johnston's duties as treasurer made
it necessary for him to attend its session, and his presence
there exerted a most wholesome influence on the final draft
of that instrument. In mere matters of policy he manifested
but little interest; but there were three points of prime im-
portance to be settled which would ultimately determine the
character of the government about to be formed. These were,
first, the degree of responsibility to the people to which rep-
resentatives should be held ; second, the basis of the suffrage ;
and third, the degree of independence to be accorded to the
judiciary. On these three points Johnston felt and thought
deeply, and exerted himself to have his views incorporated in
the Constitution.
In regard to the first he expressed himself as follows in a
letter written from Halifax in April while the constitution
was under consideration :
"The great difficulty in our way is, how to estabUsh a check on
the representatives of the people, to prevent their assuming more
power than would be consistent with the liberties of the people.
* * * Many projects have been proposed too tedious for a letter to
communicate. • • * After all, it appears to me that there can be no
check on the representatives of the people in a democracy but the
people themselves; and in order that the check may be more efficient
I would have annual elections." 21
But by "the people," Johnston did not mean all the citizens
of the State any more than we today, by the same term, mean
to include all the citizens of the Commonwealth. Like us
Johnston referred only to those citizens who were endowed
with the franchise. He did not believe in unrestricted man-
hood suffrage. Such a basis he thought might be "well
BlndeO. I. 277.
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276 THE NOETH OABOLINA BOOKLET.
adapted to the government of a numerous, cultivated people/'
but he did not think North Carolina in 1776 was ready for
any such untried experiment, and he advocated, therefore, a
property qualification. On this point he was "in great pain
for the honor of the province" and viewed with alarm the
tendency to turn the government over to "a set of men without
reading, experience, or principle to govern them." ^*
But it was to the judiciary that he looked to safeguard the
rights of the individual citizen, and in order that this safe-
guard might be the more effective he wished it to be inde-
pendent of the transitory passions of majorities. On this
subject he spoke with more than his usual vigor.
"God knows [he exclaimed] when there will be an end of this
trifling here. A draft of the Constitution was presented to the
House yesterday. ♦ ♦ ♦ There is one thing in it which I cannot bear,
and yet I am inclined to think it will stand. The inhabitants are
impowered to elect the justices in their respective counties, who are
to be the Judges of the county courts. Numberless inconveniences
must arise from so absurd an institution.^s They talk [he wrote
later] of having all the officers, even the judges and clerks, elected
annually, with a number of other absurdities." >«
Johnston's alarm was needless. Under his guidance con-
servative influences prevailed and a method of choosing judges
in line with his views was adopted. In its final form the Con-
stitution embodied to a large extent Johnston's views on all
three of these cardinal points. It provided for a legislature
of two chambers chosen annually, for a property qualification
for electors for state senators, and for judges chosen by the
General Assembly to serve during good behavior.
I know of no more striking personal triumph in the history
of North Carolina than this achievement of Johnston. Po-
litically discredited by his own people, without the support
of a powerful political party, and totally devoid of that glam-
«To ThomM Burke.— State Reo., XI. SOL
MTo Jamee Iredell.— Col. Reo.. X. 1040.
•^o Mrs. Jamee Iredell.— HcRee't IredeU. 1, 830.
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SAMUEL JOHNSTON. 277
our and subtle influence which accompanies high official
position, he had, through the convincing logic of his argu-
ments, the trust inspired by his acknowledged wisdom, and
the confidence imposed in his integrity, forced a hostile Con-
vention to accept his views and lay the cornerstones of the
Commonwealth on firm and solid grounds. How firmly he
builded is shown by the fact that fifty-eight years passed be-
fore annual sessions of the Assembly gave way to biennial
sessions ; seventy-nine years before the property qualification
for electors for state senators was abolished ; and ninety-one
years before the election of judges was given to the people
and their terms changed from good behavior to a term of
years. Had Johnston been alive when these changes were
proposed there can be no doubt that he would have advocated
them. In 1776 he stood for a political system suitable to the
physical, mental and moral conditions of the State at that
period: in 1835 he would have done the same thing. As a
practical statesman, more deeply concerned in securing a
good working system than in promulgating vague and uncer-
tain theories, he would have been among the first to recognize
the changed conditions wrought by fifty years of marvelous
development, and to have advocated changes in the Constitu-
tion in conformity with the changed spirit and needs of the
time.
Johnston's eclipse was temporary. Accepting his defeat
philosophically, he withdrew after the framing of the Consti-
tution from all participation in politics, and watched the
course of events in silence. For assuming this attitude he
has been severely censured, both by his contemporaries and
by posterity, who have charged him with yielding to pique,
and with being supine and indifferent to the welfare of the
State because he could not conduct its affairs according to his
own wishes." But is it not pertinent to ask what other
MBee letters of Arohibald Mftolaine to Georce Hooper.— State Rec, XVI, W7. MS.
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278 THE NOETH OABOLINA BOOKLET.
course he could have pursued ? He was not an ordinary poli-
tician. He had no inordinate itching for public office. He
was, indeed, ambitious to serve his country, but his country
had pointedly and emphatically repudiated his leadership.
Was it not, then, the part of wisdom to bow to the decree ?
Did not patriotism require him to refrain from futile opposi-
tion? The event clearly demonstrated that his course was
both wise and patriotic, for the people soon came to their
sober second thought and the reaction in Johnston's favor
set in earlier than he could possibly have anticipated. They
sent him to the State Senate, the General Assembly elected
him treasurer, the Governor appointed him to the bench, the
General Assembly chose him a delegate to the Continental
Congress, and the Continental Congress elected him its pre-
siding officer.^* The reaction finally culminated in his elec-
tion as Governor in 1787, and his relection in 1788 and again
in 1789. Among the many interesting problems of his ad-
ministration were the settlement of Indian affairs, the ad-
justment of the war debt, the treatment of the Loyalists, the
cession of the western territory to the Federal Qt^vernment,
and the "State of Franklin" ; but today time does not permit
that we consider his policy toward them. The chief issue of
his administration was the ratification of the Federal Consti-
tution to the consideration of which we must devote a few
moments.
The Convention to consider the new Constitution met at
Hillsboro, July 21, 1788. "Conservatives" and "Radicals,"
now rapidly crystallizing into political parties as Federalists
and Anti-Federalists, arrayed themselves for the contest
under their former leaders, Samuel Johnston and Willie
Jones. The Anti-Federalists controlled the Convention by a
large majority, nevertheless out of respect for his office they
unanimously elected Governor Johnston president. All the
MHe deotined to aerve.
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SAMUBL JOHNSTON.
debates^ however, were held in committee of the whole, and
this plan, by calling Governor Johnston out of the chair,
placed him in the arena in the very midst of the contest.
Though he was the accepted leader of the Federalists, the
burden of the debate fell upon the younger men, among whom
James Iredell stood preeminent. Contesting preeminence
with Iredell, but never endangering his position, were Wil-
liam R. Davie, Archibald Madaine, and Richard Dobbs
Spaight. Governor Johnston but rarely indulged his great
talent for debate, but when he did enter the lists he mani-
fested such a candor and courtesy toward his opponents that
he won their respect and confidence, and he spoke with such
a "relentlessness in reasoning'^ that but few cared to engage
him in discussion. Johnston could not have been anything
else than a Federalist. Since the signing of the treaty of
peace with England the country had been drifting toward
disunion and anarchy with a rapidity that alarmed conserva-
tive and thoughtful men. The issue presented in 1787 and
1788, therefore, was not the preservation of liberty but the
prevention of anarchy, and on this issue there could be but
one decision for Samuel Johnston. The day for the specu-
lative theories and well-turned epigrams of the Declaration
of Independence had passed ; the time for the practical pro-
visions of the Federal Constitution had come. Consequently
the debates at Hillsboro dealt less with theories of govern-
ment than with the practical operations of the particular plan
under consideration.
In this plan Willie Jones and his followers saw all sorts
of political hobgoblins, and professed to discover therein a
purpose to destroy the autonomy of the States and to estab-
lish a consolidated nation. They attacked the impeachment
clause on the ground that it placed not only Federal Senators
and Representatives, but also State officials and members of
the State Legislatures completely at the mercy of the National
6
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280 THE NOBTH OABOLINA BOOKLET.
Congress. Johnston very effectively disposed of this ridicu-
lous contention by pointing out that "only oflScers of the
United States were impeachable," and contended that Sen-
ators and Eepresentatives were not Federal officers but offi-
cers of the States. Continuing he said :
"I never knew any instance of a man being impeached for a legis-
lative act; nay, I never heard it suggested before. A representative
is answerable to no power but his constituents. He is accountable
to no being under heaven but the people who appoint him. * * * Re-
moval from office is the punishment, to which is added future dis-
qualification. How can a man be removed from office who has no
office? An officer of this State is not liable to the United States.
Congress cannot disqualify an officer of this State. No body can
disqualify but the body which creates. * * * I should laugh at
any Judgment they should give against any officer of our own."s7
But, said the opponents of the Constitution, "Congress is
given power to control the time, place, and manner of electing
senators and representatives. This clause does away with
the right of the people to choose representatives every year'' ;
under it Congress may pass an act "to continue the members
for twenty years, or even for their natural lives"; and it
plainly points "forward to the time when there will be no
state legislatures, to the consolidation of all the states." To
these arguments Johnston replied :
"I conceive that Congress can have no other power than the
States had. • • • The powers of Congress are all circumscribed,
defined, and clearly laid down. So far they may go, but no farther.
• • • They are bound to act by the Constitution. They dare
not recede from it."
All these arguments sound very learned and very eloquent,
retorted the opponents of the Constitution, but the proposed
Constitution does not contain a bill of rights to "keep the
States from being swallowed up by a consolidated govem-
"Elliott's Debates. The following extracts from Johnston's speeches on the Const!
tution are all from the same source.
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SAHUBL JOHNSTON. 281
ment" But Governor Johnston, in an exceedingly cleaivcut
argument, pointed out not only the absurdity but even the
danger of including a bill of rights in the Constitution.
Said he :
"It appears to me, sir, that it would have been the highest ab-
surdity to undertake to define what rights the people of the United
States are entitled to; for that would be as much as to say they are
entitled to nothing else. A bill of rights may be necessary in a
monarchial government whose powers are undefined. Were we in
the situation of a monarchial country? No, sir. Every right could
not be enumerated, and the omitted rights would be sacrificed if
security arose from an enumeration. The Congress cannot assume
any other powers than those expressly given them without a palpable
violation of the Constitution. • * * In a monarchy all power may
be supposed to be vested in the monarch, except what may be re-
served by a bill of rights. In England, in every instance where the
rights of the people are not declared, the prerogative of the king
is supposed to extend. But in this country we say that what rights
we do not give away remain with us."
Though Johnston desired to throw all necessary safeguards
around the rights of the people, he did not desire a TJnion
that would be a mere rope of sand. The TJnion must have
authority to enforce its decrees and maintain its integrity,
and if he foresaw the rise of the doctrines of nullification and
secession, he foresaw them only to expose what he thought
was their fallacy.
"The Constitution [he declared] must be the supreme law of the
land, otherwise it will be in the power of any State to counteract the
other States, and withdraw itself from the Union. The laws made
in pursuance thereof by Congress, ought to be the supreme law of
the land, otherwise any one state might repeal the laws of the
Union at large. • • • Every treaty should be the supreme law
of the land; without this, any one state might involve the whole
union in war."
Acts of Congress, however, must be in "pursuance^' of the
powers granted by the Constitution, for Johnston had no
sympathy with the notion that the courts must enforce acts
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282 THE NOBTH OABOLINA BOOKLBT.
of legislative bodies regardless of their constitutionality. As
be said :
"When Congress makes a law in virtue of their [sic] constitu-
tional authority, it will be actual law. ♦ ♦ • Every law consistent
with the Constitution will have been made in pursuance of the
powers granted by it. Erery usurpation, or law repugnant to it,
cannot have been made in pursuance of its powers. The latter will
be nugatory and void."
Jobnston, of course, did not tbink tbe Constitution perfect
and be was as anxious as Willie Jones to bave certain amend-
ments made to it. But be took tbe position tbat Nortb Caro-
lina, tben tbe fourtb of tbe tbirteen States in population,
would bave more weigbt in securing amendments in tbe Union
tban out of it Indeed, be reasoned, as long as tbe State re-
mains out of tbe Union tbere is no constitutional way in
wbicb sbe can propose amendments. Accordingly, as tbe
leader of tbe Federalists, on July 30, be offered a resolution :
"That though certain amendments to the said Constitution may
be wished for, yet that those amendments should be proposed sub-
sequent to the ratification on the part of this State, and not previous
to it."
Willie Jones promptly rallied bis followers against tbis
action and defeated Jobnston's resolution by a vote of 184 to
84. Tben after proposing a series of amendments, including
a bill of rigbts, tbe Convention, by tbe same vote of 184 to
84, refused to ratify tbe Constitution and, August 2, ad-
journed sine die.
Tbus a second time, in a second great political crisis,
Willie Jones triumpbed over bis rival; but again, as in
1776, bis triumpb was sbort-lived. Witb wise foretbougbt
Iredell and Davie bad caused tbe debates of tbe Conven-
tion to be reported and publisbed, and tbrougb tbem ap-
pealed from tbe Convention to tbe people. How far tbese
debates influenced public opinion it is of course impossible to
say, but certain it is tbat no intelligent, impartial reader can
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SAMUBIi JOHNSTON. 283
rise from their perusal without being convinced that the
Federalists had much the better of the argument. Public
opinion so far shifted toward the Federalists' position that
when the second Convention met at Fayetteville, November
16, 1789, the Federalists had a larger majority than their
opponents had had the year before. Again Samuel Johnston
was unanimously elected president The debates of this Con-
vention were not reported ; indeed, the debates of the former
Convention had rendered further discussion unnecessary. The
people of the State had read those debates and had recorded
their decision by sending to the Convention a Federalist ma-
jority of more than one hundred. Accordingly after a brief
session of only six days the Convention, November 21, 1789,
by a vote of 195 to 77, ratified the Constitution of the United
States and North Carolina reentered the Federal Union. It
has been so frequently aflSrmed that in North Carolina it is
today very generally believed that this action of the Conven-
tion of 1789 was due to the adoption of the first ten amend-
ments to the Federal Constitution; and, further, that the
action of Willie Jones and his party in rejecting the Consti-
tution in 1788 forced Congress to submit these amendments.
In the interest of historical accuracy let us for just a mo-
ment examine this statement. A few dates quickly dispose
of the matter. The North Carolina Convention rejected the
Constitution August 2, 1788. On November 17, of the same
year, the General Assembly passed the resolution calling a
second Convention. It was not until September 25, 1789,
nearly a year later, that Congress submitted the first ten
amendments to the several States. When the North Carolina
Convention met at Fayetteville, November 16, 1789, not a
single State had acted on these amendments, and more than a
year passed after North Carolina had ratified the Constitu-
tion before the required number of States had accepted the
amendments. Moreover, when the Convention met at Fay-
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284 THE NOETH OABOLINA BOOKLET.
etteville, in 1789, the opponents of the Constitution still
urged its rejection because the amendments which had been
proposed did not meet the objections of the former Conven-
tion in "some of the great and most exceptional parts" of the
Constitution. The only result of the action of Jones and his
party in 1788, therefore, was to keep North Carolina out of
the Union for a year and thus to prevent the State's casting
her vote for George Washington as the first President of the
United States.
The privilege of transmitting the resolution of ratification
to the President of the United States and of receiving from
him an acknowledgment of his sincere gratification at this
important event, fell to the lot of Samuel Johnston. It was
fitting, too, that he who, for more than twenty years, had
stood among the statesmen of North Carolina as the very
personification of the spirit of union and nationalism should
be the first to represent the State in the Federal Senate. Of
his services there I can not speak today more than to say that
he represented the interests of North Carolina with the same
fidelity to convictions and courage in the discharge of his
duties which had always characterized his course in public
life ; and that on the great national issues of the day he lifted
himself far above the narrow provincialism which character^
ized the politics of North Carolina at that time and stood
forth in the Federal Senate a truly national statesman. It
had been well for North Carolina and her future position in
the Union had she adhered to the leadership of Johnston,
Davie, Iredell and the men who stood with them, — ^men too
wise to trifle with their principles, too sincere to conceal their
convictions, and too brave and high-minded to mislead their
people even for so great a reward as popular favor. But in
the loud and somewhat blatant politics of that day these men
could play no part, and one by one they were gradually forced
from public life to make way for other leaders who possessed
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SAMUEL JOHNSTON. 286
neither their wisdom, their sincerity, nor their courage. In
1793, Samuel Johnston retired from the Senate, and, except
for a hrief term on the hench, spent the remaining twenty-
three years of his life in the full enjoyment of his happy
family circle.
Thus, Mr. Grand Master, I have endeavored to point out,
as briefly as possible, why it is that we deem Samuel John-
ston worthy of a niche under the stately dome of our Capitol
in company with Graham, and Ransom, and Morehead. On
the mere score of office-holding he surpassed any of them;
indeed, his career in this respect has not been surpassed by
any other in our history. But in the fierce light of History
what a paltry thing is the mere holding of public office; and
how quickly posterity forgets those who present no other
claim to fame. Posterity remembers and honors him only
who to other claims adds those of high character, lofty ideals,
and unselfish service ; whose only aims in public life are the
maintenance of law, the establishment of justice, and the
preservation of liberty ; who pursues these ends with a fixity
of purpose which never weakens, a tenacity which never
slackens, and a determination which never wavers. Measur-
ing Samuel Johnston by this standard, I am prepared to say
that among the statesmen of North Carolina he stands with-
out a superior. Indeed, taking him all in all, it seems to me
that he approaches nearer than any man in our history to
Tennyson's fine ideal of the "Patriot Statesman."
O Patriot Statesman, be thou wise to know
The limits of reslBtance, and the bounds
Determining concession; still be bold
Not only to slight praise but suffer scorn;
And be thy heart a fortress to maintain
The day against the moment, and the year
Against the day; thy voice, a music heard
Thro' all the yells and counter-yells of feud
And faction, and thy will, a power to make
This ever-changing world of circumstance,
In changing, chime to never-changing Law.
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286 THB NOBTH OABOLINA BOOKLET.
BIOGRAPHICAL. GENEALOGICAL AND
HISTORICAL MEMORANDA
COMPILED AND EDITED BY MRS. E. E. MOFFTTT.
JUDGE HENRY GROVES CONNOR
The article in this number of The Booklet on Judge
James Iredell is the third contribution which Judge Connor
has made to its pages. To Vol. IV, Xo. 4, he contributed
"The Conventions of 1778-1779 and the Federal Constitu-
tion." To Vol. VIII, No. 2, he contributed "The Conven-
tion of 1835." A biographical sketch of Judge Connor ap-
peared in Vol. VIII, No. 2 (October, 1908). In 1909
Judge Connor resigned from the Supreme Court bench of
North Carolina, to accept an appointment made by Presi-
dent Taft as Judge of the United States Court, from the
Eastern District of North Carolina.
CHARLES LEE SMITH
A biographical sketch of Charles Lee Smith, PLD., LL.D.,
author of the article on David Caldwell — Teacher, Preacher,
Patriot, in this number of The Booklet, was published in
Volume VIII, No. 4 (April, 1909). Since that time he has
been elected a member of the Board of Trustees of the Uni^
versity of North Carolina, a member of the Board of Man-
agers of the North Carolina Society of the Sons of the Revo-
lution, and a member of the Advisory Board of The Noet^
Cakolina Booklet. A recent volume of the National Cy-
clopcedia of American Biography contains an interesting ac-
count of this public-spirited citizen of Raleigh.
R. D. W. CONNOR
Mr. Connor's address on Governor Samuel Johnston, ap-
pearing in this number of The Booklet, is the seventh
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BIOGRAPHICAL Ain> GENEAXOGIOAL. 287
article contributed by him to its pages. The others appeared
in the following order:
"Cornelius Harnett, the Pride of the Cape Fear." Vol.
V. January, 1906.
"A State Library Building and Department of Archives
and Eecords." Vol. VI. January, 1907.
"John Harvey." Vol. VIII. July, 1908.
"Sermon by Eev. George Micklejohn." Preached before
Governor Tryon's army at Hillsboro, September, 1768.
Edited by Mr. Connor. Vol. VIII. July, 1908.
"Joseph Hewes and the Declaration of Independence."
Vol. X. January, 1911.
"Sir Walter Ealeigh and His Associates." Vol. XI. Janu-
ary, 1912.
A biographical sketch of Mr. Connor appeared in The
Booklet January, 1907. He is now Secretary of the North
Carolina Historical Commission, Secretary of the North
Carolina Teachers' Assembly, a member of the Public Ar-
chives Commission of the American Historical Association,
a member and secretary of the Home Committee for the
erection of a monument to the North Carolina women of the
Confederacy, and President of the State Literary and His-
torical Association. He has published "The Story of the
Old North State" (J. B. Lippincott Co., Philadelphia,
1906); "Cornelius Harnett: An Essay in North Carolina
History" (Edwards & Broughton Co., Ealeigh, N. C, 1909),
and "Makers of North Carolina History" (The Thompson
Publishing Co., Raleigh, N. C, 1911). In 1910 he was
awarded, by the State Literary and Historical Association,
the Patterson Memorial Cup, on his "Cornelius Harnett,"
as the best literary production by a North Carolinian pub-
lished during the year.
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INFORMATION
Concerning the Patriotic Society
''Daughters qf the Revolution''
The General Society was founded October 11, 1890, — and organized
August 20, 1891, — under the name of "Daughters of the American
Revolution"; was incorporated under the laws of the State of New
York as an organization national in its work and purpose. Some of
the members of this organization becoming dissatisfied with the
terms of entrance, withdrew from it and, in 1891, formed under the
slightly differing name "Daughters of the Revolution," eligibility to
which from the moment of its existence has been lineal descent from
an ancestor who rendered patriotic service during the War of Inde-
pendence.
""The North Carolina Society^
a subdivision of the General Society, was organized in October, 1896,
and has continued to promote the purposes of its institution and to
observe the Constitution and By-Laws.
Membership and Qualifications
Any woman shall be eligible who is above the age of eighteen
years of good character, and a lineal descendant of an ancestor who
(1) was a signer of the Declaration of Independence, a member of
the Continental Congress, Legislature or General Court, of any
of the Colonies or States; or (2) rendered civil, military or naval
service under the authority of any of the thirteen Colonies, or of
the Continental Congress; or (3) by service rendered during the
War of the Revolution became liable to the penalty of treason
against the government of Great Britain: Provided, that such an-
cestor always remained loyal to the cause of American independ-
ence.
The chief work of the North Carolina Society for the past eight
years has been the publication of the "North Carolina Booklet," a
quarterly publication of great events In North Carolina history —
Colonial and Revolutionary. ^1.00 per year. It will continue to
extend its work and to spread the knowledge of its History and
Biography in other States.
This Society has its headquarters in Raleigh, N. C, Room 411,
Carolina Trust Company Building, 232 Fayetteville Street.
1
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TABLE OF CONTENTS
VOLUME XI.
PAGE
The North Carolina Union Men of 1861 3-16
By Major William A. Graham.
Some Early Physicians of the Albemarle 17-26
By Dr. Richard DiUard.
Some Ballads of North Carolina 26-42
By Professor John A. Lomaz.
A Painting of the Baptism of Virginia Dare 43-44
Tablet Marking the Site of the Old Town of Bloomsbury or
Wake Court House 46-63
Biographical and Genealogical Memoranda 64-68
Rowan County Wills and Marriage Bonds 69-69
By Mrs. M. G. McCubbins.
Illustration: Tablet and stone marking the site of
Bloomsbury, now Raleigh, N. C, erected by Blooms-
bury Chapter D. R.
Roanoke Island 73-81
By Chief Justice Walter Clark.
How Interest Can be Aroused in the Study of the History
of North Carolina 82-98
By Chief Justice Walter Clark.
Kill Devil HUl 99-104
By Jaques Busbee.
Career of General James Hogun, One of North Carolina's
Revolutionary Officers 106-110
By Chief Justice Walter Clark.
A Forgotten Law 111-114
By Annie Lane Devereuz.
Rowan County Wills and Marriage Bonds 117-180
By Mrs. M. G. McCubbins.
Revolutions of Respect to the Memory of Mrs. Helen
DeBemidre Hooper Wills 131
Illustrations: Walter Clark, Chief Justice of the Supreme
Court of North Carolina.
Sir Walter Raleigh.
Sir Walter Raleigh and His Associates 186-167
By R. D. W. Connor.
Governor Benjamin Smith 168-168
By Dr. Collier Cobb.
The Story of Queen's College or Liberty Hall in the Province
of North Carolina 169-176
By Marshall DeLancey Haywood.
7
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Biographical, Genealogical and Historical Memoranda 176-180
By Mrs. E. E. Moffltt.
Mrs. Helen DeBemlere Wills 181
In Memorlam — ^Mrs. Fannie DeBemlere Hooper Whltaker.. 186
Marriage Bonds of Rowan County, N. C 187-190
By Mrs. M. G. McCubblns.
niustratlona: Sir Francis Drake.
Sir Richard Grenvllle.
Governor Benjamin Smith.
James IredeU, 1751-1799 201
By H. G. Connor.
David Caldwell — Teacher, Preacher, Patriot 261
By Charles Lee Smith.
Governor Samuel Johnston of North Carolina 259
By R. D. W. Connor.
Biographical, Genealogical, and Historical Memoranda 286
By Mrs. E. E. Moffltt
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